For public information purposes only; not part of contract.
Request for Proposal Number 4958 Z1 Contract Number 67453 O4 Proposal Opening: May 15, 2015
In accordance with Nebraska Revised Statutes §84.712.05(3), the following material(s) has no t been included due to it being marked proprietary.
Firespring 1. None
In accordan ce with Fed eral U.S. Copyright Law Title 17 U.S.C. Section 101 et seq., Title 1 8 U.S.C. 2319, the following material(s) has not been included due to them being copyrighted.
Firespring 1. None
May IS, 2015
Dear Selection Committee,
Thank you for allowing us to present our capabilities and qualifications for your consideration. It is our privilege to supply you with the enclosed information in response to your request for proposal. We are e)(cited about the opportunity to help your organization increase statewide education on and pubUc awa reness of th e need for organ and tissue donation.
Snitily Carr has taken on similar educational and awareness challenges before and has a proven tfack record in helping public health organizations accomplish their campaign goals. We approach these challenges seriously and strategically. To us, it's much more than a campaign-it is a mission. Ultimatel y, it is about people's lives and the well-being of Nebraska families. And to be successful, it requires much more than a client-vendor relat ionship-it requires a strategic partnership.
That collaborative approach combined with our e)(perience, resources, and passion for the cause makes us ideally suited to be your communications partner. Working together wilh the Nebraska Department of Health & Human Services team and its stakeholders and partners, we are confident that we can achieve the goals of this cClmpaign. In short, Snitily Carr offers the right people, experience, partnership, and process to achieve exceptional results.
Please le.t me know if you have any questions or would like additional information regarding OUf proposal. We appreciate your time and consideration, and we look forward to the opportunity to work with you.
Sincerely,
Mike Losee Direclor of Healthcare Marketing
SnitilyCarr TABLE OF CONTENTS
A. TECHNICAL PROPOSAL 1. Request for Proposal Form . 3 2. Corporate Overview a. Bidder Identification and Information .3 b. Financial Statements . . 4 c. Change of Ownership . . . .4 d. Office Location . . 5 e. Relationships With the State . . 5 f. Bidder's Employee Relations to the State . . .7 g. Contract Performance. . 7 h. Summary of Bidder's Corporate Experience. 7 i. Summary of Bidde(s Proposed Personnel/Management Approach ...... 22 j. Subcontractors .. . 27 3. Technical Approach a. understanding of the Project Requirements 29 b. Proposed Development Approach . . 30 c. Technical Considerations . 32 d. Detailed Project Work Plan . 33 e. Deliverables and Due Dates .. 35
B. BUDGET PROPOSAL REQU IREMENTS 1. Pricing Summary . .. 36 2. Prices 36 3. Project Rates. 37
C. PAYM ENT SCHEDULE . 37
APPENDICES Appendix A: Form A Bidder Contact Sheet 38 Appendix B: Form B Budget Proposal 39 Appendix C: Form C Project Rates . 40 Appendix D: Terms and Conditions 41 Appendix E: Evidence of Insurance Coverage 69
SnitilyCarr RETURN TO: State of Nebraska (State Purchasing Bureau) State Purchasing Bureau 1526 K Street, Suite 130 REQUEST FOR PROPOSAL FOR Lincoln. Nebraska 68508 Phone: 402-471-6500 CONTRACTUAL SERVICES FORM Fax- 402- 471 -2089 SOLICITATION NUMBER RELEASE DATE RFP 4958Z1 April 03, 2015 OPENING DATE AND TIME PROCUREMENT CONTACT Teresa Fleming/ May 15, 2015 2:00 p.m. Central Time Michelle Thompson This form IS part of the specification package and must be signed In mk and returned, along with proposal documents, by the opening date and time specified. PLEASE READ CAREFULLV! SCOPE OF SERVICE The State of Nebraska, Administrative Services (AS), Materiel Division, State Purchasing Bureau, is issuing this Request for Proposal, RFP Number 4958Z1 for the purpose of selecting a qualified contractor to provide statewide education and public awareness on the need for organ and tissue donation.
Written questions are due no later than April 17 , 2015, and should be submitted via e-mail to [email protected] Written questions may also be sent by facsimile to (402) 471- 2089.
Bidder should submit one (1) orig inal of the entire proposal. Proposals must be submitted by the proposal due date and time.
PROPOSALS MUST MEET THE REQUIREMENTS OUTLINED IN THI S REQUEST FOR PROPOSAL TO BE CONSIDERED VALID. PROPOSALS WILL BE REJECTED IF NOT IN COMPLIAN CE WITH THESE REQU IREMENTS.
1. Sealed proposals must be received in State Purchasing Bureau by the date and time of proposal opening per the schedule of events. No late proposals will be accepted. No electronic, e-mail, fax, voice, or telephone proposals will be accepted. 2. This form "REQUEST FOR PROPOSAL FOR CONTRACTUAL SERVICES" MUST be manually signed, in ink, and returned by the proposal opening date and time along with bidder's proposal and any other requirements as speCified in the Request for Proposal in order for a bidder's proposal to be evaluated. 3. It is the responsibility of the bidder to check the website for all information relevant to this solicitation to include addenda and/or amendments issued prior to the opening date. Website address is as follows: http://das.nebraska.gov/materiel/purchasing.html 4. It is understood by the parties that in the State of Nebraska's opinion, any limitation on the Contractor's liability is unconstitutional under the Nebraska State Constitution, Article XIII , Section 3, and that any limitation of li ability sha ll not be binding on the State of Nebraska despite inclusion of such language in documents supplied with the Contractor' s bid or in the final contract.
IMPORTANT NOTICE: Pursuant to Neb. Rev. Stat. §84·602.02, all State contracts in effect as of January 1. 2014 will be posted to a public website beginning July 1. 2014. All information not specifically excluded by State Law WILL BE POSTED FOR PUBLIC VIEWING.
Contractor hereby grants permission to the State of Nebraska and/or its agencies to reprint or republish any and all copyrighted documents related to Contractor's response to this Request for Proposal, and any and all figures, illustrations, photographs, charts, and other supplementary material on a website accessible by the public pursuant to Neb. Rev. Stat. §84-602.02. This waiver does not apply to proprietary information properly submitted in a separate sealed, package clearly marked .Proprietary.M
Contractor represents and warrants that the contents of this response to Request for Proposal and all figures, illustrations, photographs, charts, and other supplementary material herein are original and do not libel anyone or infringe upon any patent, copyright, proprietary right, or any other right whatsoever of any other party. Contractor represents and warrants that Contractor has full power and authority to execute this Copyright Release and to grant the State of Nebraska and/or its agencies the right granted herein.
Contractor agrees to indemnify, defend, and hold harmless the State of Nebraska and/or its agencies aga inst any and all claims, suits, and/or judgments, including costs, expenses, damages, and reasonable legal fees based upon and arising from Contractor's violation of the rights of others and/or by reason of a breach of any of the foregoing warranties.
BIDDER MUST COMPLETE THE FOLLOWING By signing this Request for Proposal for Contractual Services form, the bidder guarantees compliance with the provisions stated in this Request for Proposal, agrees to the terms and conditions unless otherwise agreed to (see Section III) and certifies that bidder maintains a drug free work place environment.
Per Nebraska's Transparency in Government Procurement Act. Neb. Rev Stat §73-603 DAS is required to collect statistical information regarding the number of contracts awarded to Nebraska Contractors. This information is for statistical purposes only and will not be considered for contract award purposes. & NEBRASKA CONTRACTOR AFFIDAVIT: Bidder hereby attests that bidder is a Nebraska Contractor. "Nebraska Contractor" shall mean any bidder who has maintained a bona fide place of business and at least one employee within this state for at least the six (6) months immediately preceding the posting date of this RFP.
__ I hereby certify that I am a Resident disabled veteran or business located in a designated enterprise zone in accordance with Neb. Rev. Stat. §73-107 and wish to have preference, if applicable, considered in the award of this contract.
FIRM : Sn itily Carr COMPLETE ADDRESS: 300 S. 68th St reel Place, Suite 200, Lincoln, NE 68510 TELEPHONE NUMBJ~ : .~ FA)( NUMBER: 402.489.2727 SIGNATURE: ~ DATE: ~M=aL>!.8,-,2",0C!.15,,---______TYPED NAME & TITL E OF SIGNER: Mike Losee, Director ofHe.llhcareMarketing
A. TECHNICAL PROPOSAL
1. Request for Proposal Form
Submitted on the previous pages.
2. Corporate Overview
a. Bidder Identification and Information
Company Name: Soltlly Carr Federal Employer Identification Number: Address: 300 South 68th Street Place lincoln, NE 68510 Primary Contact Dave Snitily, president Phone: 402.489.2121 Fax: 402.489.2727 Email: [email protected] Website: 5nitilyCarr,com
Snitily Carr was founded in 1992 as David J. SnitilyVideo Productions. a sole proprietorship. In 1996, the company became 5nitityCarr Production Group Incorporated, a State of Nebraska Sub 5 Corporation with Dave Snitily and Doug Carr as its sole stockholders. In 2002. the agency name was simplified to Snitily Carr.
On Aprill, 2015. Snitily Carr merged with three other lincoln companies- Firespring, Cornerstone Print & Marketing, and 42. On June I, 20 1S, the organization will conduct business under the Firespring name and brand.
The merger is an exciting step that will allow us to do more for our clients because of the creative talent and technical capilbilities coming together in one place. In all, we'll have more than 200 designers, communicators, and innovators utilizing world-cla ss video, Web. digital, photography, mailing, and marketing resources under one roof.
j Snitily Carr b. Financial Statements
Snitily Carr has been a privately held company for 23 years. We currently have 29 full-time employees. Sn itily Carr is a financia lly strong compa ny with a solid track record of making timely payments to vendors and providing payro ll to employees.
Our current client base includes more than 110 active clients located in Nebraska and across the nation. Our work for these clients ranges from small projec ts to comprehensive campaigns. We currently serve as the agency of record for 35 of our active clients.
Snitily Carr's spectrum of services all under one roof is unique from most advertising firms and provides significant benefits-responsiveness, enhanced commun ication, greater efficiency, and superior value- to our cl ients. Our areas of specialization and expertise include:
Creative Media branding, identity, campaign development. planning, placement. trafficking, management copywriting, design Interactive Marketing Strategy Web, Flash, 3-D animation, kiosk programs, research, account planning, marketing plan podcasts, online games, mobile marketing, development social media, search engine optimization (SEO)
Pu blic Relations Traditional Marketing corporate communications, press releases, broadcast, print, photography event planning, media training, guerilla marketing, social media content development. media tours, media relations, crisis management
Banking Reference: Corn husker Bank Barry Lockard, President 1101 Corn husker Hwy Uncoln, NE 68521 402.434.2225 barry.lockard®Cornhuskerbank.com
Snitily Carr has no judgments, litigation, or other rea l or potential financial reversals pending.
c. Change of Ownership
Snitily CaH does not anticipate any change in ownership or control of the company during the 12-month period following this proposal due date. Snitily Carr recently merged with Firespring, Cornerstone Print & Marketing, and 42. The company will take on the Firespring name and brand on June 1, 201$.
4 Snitily Carr d. Office Locat ion
Snitily Carr is currently located at 300 South 68th Street Place, Uncoln, NE 68510. On June 1,2015, the new office location will be at 1201 Infinity Court, Lincoln. NE 685 12.
eoR elationshi ps With the State
Snitily Carr has had and continues to have many positive relationships with [he State of Nebraska. We are proud [0 submit some of the State of Nebraska contracts we have had Within the last five years:
Nebraska Department of Health & Human Services - Tobacco Free Nebraska (SCA-0204) Snitfly Carr has served as the agency of record for the Tobacco Free Nebrask.a prog ram since 2001 . in this role, Snitily Carr provides strategic planning, focus group facilitation, media buying, creative development, and several production services (including print, television, radio, and interactive).
Nebraska Department of Health & Human Services - Tobacco Free Nebraska: Youth Empowerment Movement (SCA-9639) In January 2005, Snitily Carr became the agency of record for Tobacco Free Nebraska's Youth Empowermentl Prevention program-No Limits. As such, we have provided staffing as well as strategic and crea tive Implementation to support the efforts of the program.
Nebraska Department of Health & Human Services - Gamblers Assistance Program (SCA-S1849) In April of 2012, Snitily Carr was awarded the contract to develop and implement Nebraska's problem gambling public awareness campaign. Activities included strategic planning, creative development, focus group research, media planning and placement, production services, website development, and public relations.
In 2013, an Independent Commission on Problem Gambling began administering the Gambling Assistance Program. Snitily Carr began serving the Nebrask.a Commission on Problem Gambling later that year, providing crea tive, strategic, and Web services. In 2015, Snitily Carr began a new contract with the Nebraska Commission on Problem Gambling to provide development of campaign materials for Nebraska Treatment Providers. The campaign wiU include credtive development and production of digital. print, and collateral material$.
Nebraska Tourism Commission (SCA-01 66) Snitily Carr worked with the Nebraska Tourism Commission for 17 years beginning In 1996. For the "rst four of those years, we fulfilled audio and video production needs. In January 2000, Snitily Carr was named advertising agency of record for the Commission and began providing comprehensive advertising and marketing services Including audience research; Slriltegic planning; public rela tions; media planning and buying; interactive development; social media; creatiVe and message development, and production of print ads, publications, television, outdoor, and radio for both in-slate and oul-of-state aUdiences.
5 SnitilyCarr Nebraska State Treasurer's Office (No contract number is available.) rhrough 2010, Snitily Carr was. the agency of record for the College Savings Plan of Nebraska, a 529 plan sponsored by the State Treas.urer and managed by Union Bank & Trust Company. As such, Snitily Carr provided strategic planning, media buying, and crealive production (including print, television, and radio).
Nebraska Game and Parks Commission (No contract number is available.) 5nitily Carr worked with NGPC for 13 years beginning in 2001. Initially, we supplied strategic planning, media placement, and specific media campaigns for the Reel in Rewards program. In 2009, our (ole expanded to include strategic and media planning; creative and mes.sage development; and print. television, and radio production for a variety of landowner and consumer programs.
Nebras ka Depa rtment of Education (No co ntract number Is ava ilab le.) In July 2014, Snltlty Carr began working with the Nebraska Department of Education to provide strategic marketing services to help educate audiences about the new accountability system-AQuESTT, Our work has included development of a marketing plan, key messaging and positioning for a variety of audiences, branding elements, a creative campaign, and promotional materials,
University of Nebraska State Museum of Natural History (No contract number is available.) Snitily Carr began working with the museum in 2014 to provide a comprehensive strategic ma,xeting plan and then develop the creative assets needed to Implement the plan. The process included identification of goals, objectives, and target audience: a communications aUdit: and development of key messaging. We also provided media planning services as well as creative concepting for a campaign implemented through outdoor markeHng, online banner ads, exterior signage, and Web design elements.
Nebraska Department of Roads - Nebraska's Byways Program (SCA-970246) Beginning in January of 1997, Snitlly Carr helped serve the Department of Roads in its efforts to provide information to navelers and visitors by developing a website, an interactive kiosk program, audio recordings, brochures in multiple languages, a statewide passport program, fourth-grade ctassroom projects, and a variety of videos. These projects included research. strategic plann ing, public rela tions, 5criptwriting. graphic design. and editing elements.
Nebraska Department of Roads - Safe Routes Nebraska (No contract number is ava ilable.) In 2005. Congress passed the Safe, Accountable, FleXible, Efficient Transportation Equity Aa - A legacy for Users, which designated $612 million toward developing a National Safe Routes to School program. Nebraska received a portion of that money through the Nebraska Department of Roads to fund education, planning, and implementation ofScfe l~oute5 to School plans and programs. The Nebraska Department of Roads and Sinclair Hille Architects selected Sn itily Carr as a 5ubcontr 6 SnitilyCarr ~ ebraska Department of Motor Vehicles (No contract number Is available.) In December 2011, the Nebraska DMV partnered with Snitily Carr to bring atlention to upcoming changes in the state's drunk driving laws and help inform the public about the use and benefits of the interlock system. The campaign was prima ril y directed at males aged 18-3S throughout Nebraska and included a wide range of services such as media consuhing and the production of a video, television and radio commercials, a brochure, and a poster. Nebras ka Department of Economic Development (No contract number Is available,) Snitily Carr has worked with Nebraska DED since 1996 to help foster the department's business development activities. Our activities have included research, copywriting, media planning and placement, video produc tion, graphic design, and Web development services for a variety of projects and campaigns. University of Nebraska (SCA-7044) Snitily Carr crea ted animations for the University of Nebraska's HuskerVision department from 1994-2012. The elements of this project included the design and implementation of animated graphics, strateg1c planning services, and the development of partnerships with University corporate sponsors. f. Bidder's Employee Relations to t he State No Snl tlly Carr employee is or has been an employee of the State within the past six months, g. Contract Performance Snitily Carr has never had a contract terminated for default, nor has it had a contract terminated for convenience, nonperformance, nonallocation of funds, or any other reason. h. Summary of Bidder's Corporate Experience Snitily Carr offers a tremendous amount of expertise that is reflective of the project requirementS, including experience developing statewide campaigns that raise awareness aboul Nebraska DHHS public health programs. OUf background includes developing social marketing and caused-based campaigns- those that seek to educate and innuence behaviors that benefit individuals and communities for the greater social good rather than simply trying to sell products or services. Much of our work in this area has been targeted to diverse populations throughout the State of Nebraska and 1las Included development of culturally customized messaging and ESL communication materials. This has given us a unique understanding of the cultural and geographical nuances of a statewide campaign. And because these campaigns have typically Involved Federal and/or State funding, we understand the high level of transparency and compliance with guidelines that is required. On the following page you will find a comprehensive summary matrix of dients we have \foIOrked with that are similar in size and scope of the one we're being asked to bid, followed by three narrative descrlpttons representing our work on projects similar to this Rrp. 7 SnitilyCarr NebrOlka Sratewlde Public Healthl Campel/gll Wellnen Campaign Child Guidance Centet , , , Diabetes Education Center of the Midlands , , , Oouglas County Health Department , , , EducationQuest Foundation , , , Gamblers Assistance Program , , , , Health Education Inc. , , , , Lancaster County Substance Abuse Action Coalition , , , Uncoln Council on Alcoholism & Drugs , , , lincolnlLancaster County Health Department - , , , Diabetes Prevention & Control lincoln/Lancaster County Health Department - , Environmental Health , , lincoln/Lancaster County Health Department- , , , Safe Medication Dispo~1 Program lincoln/Lancaster County Health Depanment- , , Safe Travel Program , liveWise Coalition , , , Metro Omaha Tobacco Action Coalition , , , Nebra ska Anomey General Child Internet Safety , , , , Nebraska Community Blood Bank , , , , Nebraska Department of Health & Human Services- , , , Colon Cancer Prevention , Nebraska Department of Health & Human Services- , , Every Woman Mauers , , Nebraska Department of Health & Human Services- , Medicare Reform Project , , , Nebraska Department of Health & Human Services- , , , Perinatal, Child, and Adolescent Health , Nebraska Department of Health & Human Services- , Tobacco Free Nebraska , , , Nebraska Department of Motor Vehicles , , , , Nebraska Department of Roads- , Safe Routes Program , , , Nebraska Pharmacy Association , , , , Drug Overdose Taskforce Nebraska Safety Council , , , , Nebraska Vocational Traumatic Brain Injury Program , , , , Ponca Tribe of Nebraska Health Department , , , Region 6 Behavioral Health , , , Southeast Nebraska Behavoral Health , , Information Network , Tobacco Free Cass County , , , Tobacco Free Lancaster (ounty , , , Tobacco Free Sarpy (ounty , , , United Way of lincoln and Lancaster Coun ty , , , 8 SnitilyCarr TOBACCO FREE .. NEBRASKA Nebraska DHHS - Tobacco Free Nebraska Time period of project 200 1 to present Scheduled completion date 2001 to present Actual completion date Campaign is currently running as scheduled Scheduled budget Averages 5400,000 per year Actual budget Averages $400,000 per year Prime contractor Snitily Carr Suocontractor Wtese Research Associates (WRA) neference: Monica Pribil (TFN Program (oordinator, 2001-2014) Health Program Manager - Cancer & Smoking Disease Research Program I Nebraska DHHS 301 Centennial Mall South I Uncoln, N£ 68509 Phone: 402.471.0777 I Fa x: 402.471.6446 Ermil: [email protected] Since 2001, Snitily Carr has worked with Nebraskil DHHS to develop and implement statewide awareness and education campaigns to support the comprehensive efforts of the Tobacco Free Nebraska (TFN) program. rhroughout the years, objectives have included eliminating exposure to secondhand smoke, helping people quit tobacco use, preventing youth from starting tobacco use, and reaching underserved populations with the anti-tobacco message. rhe target audiences for the cessation campaign include adult tobacco users aged 25-54, young adult social smokers and tobacco users aged 18- 24, employers of young adult tobacco users. and physicians. The demographic for the secondhand smoke campaign Includes parents of young children, smokers and nonsmokers, and a generalized audience of those aged 19 and older. The youth prevention target audience is broken into two segments comprised of youth (those in grades 9--12 and those In grades 6--8) who are not current users of tobacco. Snitily Carr provided a wide range of services for each of these campaigns including media planning and placement, market research and focus group testing, campaign development and production, media advocacy, earned media, public relations, and communica tions support. 9 SnitilyCarr We also employed cKtlvities specifIC to minority and at rbk. populations, implementing targeted media buys In niche publicatiOns and creating Spanish - langu~ rnaterlals (or print, telellision, radio, and outdoor, On the public. relations froot.1Ne helped create and facllitale imerviews with fFN staff and coalition members on a vanelY of lel€11islOn and radio programs. When it came to campaign dell€!opment, Snilily Carr worked with the rFN team to create unique, results oriented messages. TFN Branding - One of our fi rst effortS was establishing the program brand, which Included dellelopmen! of the logo and tagtine. This work set the lone fOr TFN being pro-health versus anti-smoker. Cessation - UtiliZing research thaI pointed to the reasoru why people smoke and chew tobacco, we crea ted the Triggers teleVision campaign to promote the Quilline. We followed up with a series focused on the financial and social aspectS of tobacco use. Research also Indicated tha t the cost associated With tobacco use and the effects It can have on rela tionships are primary considerations for Quitting. Continuing with the angle of financial and social drawbacks, the What's Tobacco Costing You? campaign was then developed to target young adult tobacco users. The campaign included a website, video contest, Twitter profile, and poster. (Samples onpoge 12.) A pOrtion of recent marketing efforts have been rocu~ on a newly defined target audIence for TfN- employef5. BusInesses that employ the young adult audience were targeted uSing pnnt advertising, onhne advertISing, an emall campaign.IIideas. and a webSite. Resources were created to help these organizations encourage employees to become tobacco·free: fodder for newsleuer articles and emails, a poster, sample policies. and activity ideas. (Samples on page II) Other ractics used to promote IObaccO cesSiltion Included social media advertisIng, a Facebook app, transit advertising, and a te)(1 messaging campaign. We also created a campaign targeted at physicians and their patierns. The ads reminded physicians to talk to t!leir patients about quitting and encouraged p<1tients to ask their doctors for information abour how to quit. (Samples on rage 14.) Secondl1ond Smoke - The first campaign, consisting of telclli~ion and radio spots, Illust ra ted the danger of secondhand smoke by highlighting the dangerous chemicals and toxins contained in cigarette smoke. The second campaign took. rnore of an "ickfactor' approach, using cigarette ash in a graphic manner to illustrate exactly what parenlS dre expoSing their children to by smoking around them, OJr rnost-recenttelevislon spot utilizes an Youth Prf!llenlion - The youth prellemlon G'lmpalgn begdn with fese.lrch lhal indicated YOl.Il.h ale mOle rec.eptl11e to messaging when they feel they're not beIng preachro to. With rl1i'!l in mind, we Cleated a marketing campaign targeted al. youth with phrrtse~ tike"Yuu're in control. Choose nm to chew· Bnd "Thke con trol~ 05 the primary meSSClgc. The peer lo·peercreative approach used In the c; SnitilyCarr rhe TFN marketing efforts have proved to be extremely successful, With each campaign, we reached out to multicultural audiences across the state, and t he various campaigns have received high recognition and recall In addition, extensive bonus weight and significant value·added opportunities from media outlets along with proper media planning and placement allo'Ned us to get the right message to the righr people. Working in conjunction with the initiatives ofIhe TFN program, these media efforts contributed to an increase in call vol ume to the Qu illine, a decline in youth smoking and chewing tobacco, and an increase of Nebraskans who believe secondhand smoke Is harmful. They also helped pave the way for smoke-free ordinances In lincoln, Omaha, Grand Island, and, ultimately, the entire stale. Similarities to the Nebraska Organ and Tissue Awareness and Education Campaign Our work with the TFN program bares many similarities to the project described in your RFP for the Nebraska Organ and Tissue Awareness and Education campaign. Parallels between the two Include: • Caused·based social marketing campaign. • Statewide public. awareness campaign promoting DHHS program. Desired outcome of increased awareness resulting in betterment for Nebraskans Educational message and positive outcomes. Funding and overSight provided by government entities. Need for detailed reporting, transparency, and continual communication. • Collaborative working relationship with J governmental agency to apply experience and knowledge to the project at hand. Appropriate use of interactive and alternative media, including social media. Requirement for a comprehensive, start-to-finish campaign (0 include the development of strategy and tactics, creative conception and implementation, and evaluation. • Working with services and budgets that are fluid in nature (Change Management). • Diverse audience and development of materials in English and Spanish. • Collaboration with additional panners and public health stakeholders. 11 SnitilyCarr Nebraska DHHS - Tobacco Free Nebraska I samples What's Tobacco Costing You? Young Adult Campaign 12 ...... SnitilyCarr Nebraska DHHS - Tobacco Free Nebraska I samples It)lO\l !l1~ smo ~l ng or lobacoo uoo on your propeny. ~ Clln hun your bol1om line. TO"'cw UN .....11 . In higher In lU'locl clelms and COl tt. TobKco uN .swlll in morltob!lcco liner. Cuat_. may be I ntHlng your bualne.1 through • cloud of lmoke. What can 1'00 do aOO\lll11 VIsit TobllCcoHurta8ullnllll.no.gov 10 find 001- ~~~~~~!!!!l'i , ____c...... --- _",...... ------_ ...... _-- .. _.---~-.--... _----"' ... - -.. .. --'--'-- Tobacco Hurts Your Bottom Line Employer Campaign 13 Snitily Carr Nebraska DHHS - Tabacco Free Nebraska I samples --.------...... ~-- ....-- _.,.------,. _._ ... ------__ _ _.------ /tabb NebraskaTohacco Quitline QuitNow.ne.gov!I-800-QUIT-NOW ------_._-_ .. _- ------Q uittl", tabuco Just lot a little----- easier. ------App"lJdmiltely 70% of adult smoken want to quit: 01e-t ~OVY - ~lk'V ' TKIT Talk with :JVV tod.~1 Te., ' M"'eody to )964' to Nebraska Tobacco Qultllne q u,tNow...... ov ,.no. quIT. NOW (1M -IU') ...... _'._ ... '-'-~- ' -"-- "'-"_.... - ~ -.-,~.,-- Physician and Patient Cessation Campaign 14 ...... SnitilyCarr Nebraska DHHS - Tobacco Free Nebraska I samples Renters Prefer Smoke-Free Housing 70% of renters in Doue1as County would choose smoke-free housing over a similar option that allows smokin£. s... • lOOj MjI &..", .wrwy II {)ofI/1~1 t. Save Money By Going Smoke -Free Vivienda "'"__. __ .. -...... _. --._... _ : .... _-'1' libre de Humo Vivienda ""'G ...... Go-.-..... _ ... ..,..... libre de Humo ... _ ...... l"ili>ii'i1. Make the CIlaJlle loda,. GrICW JIIII """"'" I Cle. ..1IotIf"1 uloUbII ",-1 toe. Smookefr"·'l" Housing {.'...,., oS In r~ ~, ...... _ _- ....-_ __ 10' ....._ - ...... ----~Smoke-free ----...... Smoke-Fre e Polici es Housing Help Reduce Fire Risk _ ·1,.. "",,,,los or . ... oNy 101>1-,... oe< p 'OOP GET THE FACTS poooIt ond _ 111 .. Mow... la... I mplemenll Smokl-r' N Pallc,...... -,.."'"_ ...... SI ... h ...".,. __ .. _ ....1_ ' · ...... _ -_ _- ,_toO't.toOI.nl~ _-_._ .. _ .... _ . _ _ _-,.. -...... I/Jt ...... _ ,--."_5U_1o ,._._.. ._-...... - --,...... _ -._.. .. -. _...... _ _ '---_.. _,_ .. ".. ---_ _-,,_ ...... __ - Mah th e Chanle Today...... -- ..--_.-...... _--_ __ .._ .... _ ..------_--__- ... _""----___ _.- ~ ..- ...... ------~...... _.--_-----_-...... _.. .. _------... Smoke-free _--- _...... -_...... ___... ._ ---- _ ...._ .._- .,. Housing .. ... -----_ __ _. 11 _____" .... - --- 1000_... _ ...... _ ---_(; , lo.. t_- If" Smoke-Free Housing Campaign 15 SnitilyCarr and Human Services Nebraska DHHS - Perinatal, Child, and Adolescent Health TIme period of project: June 2006-January 2007 Scheduled completion date: January 2007 Actual completion date: January 2007 Scheduled budget $55,000 Actual budget: $55,000 Prime Contractor: Snitily Carr Refefence: Sue Huffman Program Manager I Nebraska DHHS - Division of Public Hea lth, Ufespan Health Services 301 Centennial Mall South I Uncoln, NE 68509 Phone: 402.471.1938 I Fax: 402.471.7049 Emilil: [email protected] 5nitity earr began working with this client in 2006 to de..-elop a marketing campaign and educational tools to support Its perinatal depression initiati..-e. The overarching goal was to increase the identification and referral of women with perinatal depression and to provide Nebraska women and their families with a greater awareness of the condition. The project Included a public awareness campaign targeted at women of childbearing age and their families. A healthcare prcwider education component was also created to ensure primary care and community-based practitioners had the knowledge and resources necessary to identify and make referral s for women who exhibited behaviors associated with perinatal depression. Our efforts for the campaign included a wide range of strategies and tactics including recruitment for and facilitation of a statewide series of cultu rally diverse focus groups, website development for both consumer and provider audiences, and the creation ofa hea lth fair booth. In addition, we produced a variety of print materials-brochures, posters, etc.-in English and Spanish. These materials were created as customizable pieces so that public health providers could local1ze them as needed Our focus group research found that the stigma associated with depresSion was preventing many wornen from seeking assistance and, in some instances, understanding that they needed help. As a result, the theme Reach Out and Disccwer a New Day became the central message in all marketing materials. While positive and empathetic, the theme also served as a strong ca ll to action to seek support and help. 16 SnitilyCarr As pan of the campaign, we also produc.ed a tool kit with packaged resources fOI primary care providers and mid-level practitioners [0 use in theirctinics and practices. It included referral lists, protocols, medical information. and educational materials for patients. These materials were developed so that individual providers and practices could customize or co-brand them. 5nitily Can also created an interactive website with an online education and testing module thai qualified for continuing education credits. During the period of the campaign. calt volume to the Healthy Mothers. Healthy Babies Helpline (promoted In all marketing materials) increa~ substantially. Provider participation also showed a dramatic increase as did the number of referrals and patients being treated The provider website continues to be a primary source of education for primary care providers and mid-level practitioners. Similarities to the Nebraska Organ and Tissue Awareness and Education Campaign Our work with the Perinatal. Child, and Adolescent Health program bares many similarities to the project described in your RFP for the Nebraska Organ and TIssue Awareness and Education campaign . Parallels between the two inc1ude: • Caused-based social marketing campaign. , Statewide public awareness campaign promoting DHHS program. • Desired outcome of Increased awareness resulting in betterment for Nebraskans. • Educational message and positive outcomes. • Funding and oversight provided by government entities. • Need for detailed reporting, transparency. and continual communication. · Collaborative WOfking relationship with a governmental agency to apply experience and knowledge to the project at hand. • Requirement for a comprehensive, start-to-finish campaign to include the development of strategy and tactics, creative conception and implementation. and ongoing evaluation of media effectiveness. • Diverse audience and development o( materials In Eng lish and Spanish. • Collaboration with additional partners and public health stakeholders. 17 SnitilyCarr Nebraska DHHS - Perinatal, Child, and Adolescent Health samples Mo.htrhood is l ,illle of gr~:u joy. S.... whtll prcognancy-reb,n1 dtprt$$ioll OCCUI'5. j, an be difficuh for women lnd t~ir familia. If)'OU expcriotna: unusu;al mood swings during Or fOllowing pregnancy, we tncourw roo to $«Ie htlp. Healthy Mo.he", He:a.h hy fbbics Htlpline 1-800-862-1889 www.hlu:s'~'VP" MonuRnchOu , ...... ---•• _ ...... -_.... _._" 0- * __----_._-._ ...... ___...... __--,--__• __ fWk 0iI«k ...------..- _._...... "-'''-... .- - ...~_.- ... ---.....- ...... _- ...... ------_- .._...... -_. ... - _. __-.- . _...... _ -..... - .....~ -_ .. _...... _--- -.--...... ------_.-_...... _-- __ . --.. _-_ .. _...... - ... - ...... --_--..... --...... _--__- - _- ...--_._--- _- ... __ -- .... ---::..-:::c. _...... --...... - - ...... _.. _ ...... _- - -_...... _ _ ...... _ .. _.. ___...... - - - .... _.. - -.- -- -'--;:"- ...... -.. -.... ------. Perinatal Depression Awareness Campaign 18 SnitilyCarr .. N O; .A ...... OF"' Co; OF WO"~"' . HII!:"'LTH Nebraska DHHS - Every Woman Matters Time period of project July-December 2004 Scheduled completion date December 2004 Actual completion date October 2004 Scheduled budget 170,000 Actual budget 170,000 Prime Contractor: Snitily Carr Reference: Cathy Dillon Lifestyle Interventions Coordinator - Every Woman Matters Nebraska OHHS - Office of Women's and Men's Health 30 1 Centennial Mall South I Lincoln, NE 68509 Phone:402.471.1B06 I Fax: 402.471.09 13 Frn (n 2004, Every Woman Matters hired Snitily Carr to develop a statewide campaign designed to reinforce the imlX>rtanCe of annual health exam screenings for women and to increase overall awareness of the program. Before producing materials, Snitily Carr planned and implemented audience analysis via interviews with project stakeholders and ten statewide focus groups. This primary research process included identifying and recruiting focus group participants, developing all materials including a discussion guide, facilitating and moderating the focus groups, translation, transcribing data, and providing assessment Strategy, messaging, and creative were developed based upon the research findings. The campaign, which focused on women with diverse ethnic and socioeconomic backgrounds in urban and rural Nebraska, utilized print, radio, and television advertising and was proouced in both English and Spanish. In addition to all design and development work. Snitily Carr provided media planning and placement services. 19 SnitilyCarr fhe messaging I?lT1phasized rhe role or E:.veFY WOmdf1 Malters as a resource ro help women live healthier lives The campaign pro(nOted the ImPQFtanCe of annual exams and sllarro inforrnallon aboUt free setvicE'5 ror women wilh limited or no health Insurnnc{', rhe campaign resu lted In a large Increase or c(liis to U1e roU-flee number as well as Increases in mll10rlly dnd non-English speaking referrals to the proymm. Th~ success oflhe campaign helped the program expand InlO other areas or women's /"Ieallh. Similar{r/e.s to the Nebraska Organ and Tissue AWal'enC'ss and Educarlon Compo/gn Our 'M:>rk with the Every Woman Matters program bares many similarities to Ihe project described In YOU f RFP for Ihe Nebra~ktl Organ and Tissue Awareness and Education campaign Parallels between the two Include' , Caused·based social marketing campaign. • Statewide pubHe awareness campaign promoting DHHS program. • [)eSifeel outcome of Increased awareness resuhmg In betterment for Nebraskans · Educational message and positIve outcomes, • Funding and oversIght provided by govefl'lmem entities. • Need rordelaited reporring, transparency, and continual cammUnlGlrlon • Collaborative workIng relationship wi\11 r1 governmental agency to apply experience and knowledgl" to the project at hand. • Requll't'mem for a comprehensive, starHo·finish campaign 10 include the development 0( strategy and tacllCS, creative conception and implementation, and ongoing evaluation of media effectiveness. • Dl~rse audience and deVelopment of malerials in English and Spanish • Collaboration Wilh additional partners and pUblic health stakeholdels ' 0 ...... SnttilyCarr Nebraska DHHS - Every Woman Matters I samples "wry \\bIt .." Man.... ~ FREE or ~ •.,nual ....Jlh DalllS to ,.,;,men O\'tr <40 with limited ()! 00 "',,1Ih insU/WlCt_ 11ot ,..,....""~ ·.IomMpn,",...... dI!<>O<,~ • _~...".,.",- .... _ ... k< h ...... IIIo. · 1.... _ ..... _ .. _. --.------tt .'• .. ...,. ,.,...... -.a"""r "' ...... • ...... «.b__ ...... ••1-81JO.531-U27 Every Woman Matters Exam and Awareness Campaign 21 SnitilyCarr i. Summary of Bidder's Proposed Personnel/Management Approach We've noted Snitily Carr's proven track record working with public health campaigns, government agencies, and other nonpmfit organizatio[ls. This experience gives us the ability to hit the ground running. There is little room for trial-and-error processes, and our background gives us the essential resources and knowledge needed to implement a plan based on experience and established methods. You r account ream will be comprised o(veteran strategic, creative, and account management professionals, (III of whom have direct experience ~rving public health, government-funded, and nonprofit accounts. Core individuals who will provide proactive and day-to-day servicing of your account are Mike Losee, director of healthcare marketing, and Tina Reeves, director of account services. Mike will act as team leader. Oirec ting aU aspects oflhe account from strategy through implementation. Tina will serve as your main point of contact and is responsible for day·to·day management of account activity. including coordination of meetings. contracts. deadlines. and budgets. Your creative team will include Connie Van Nostrand, director of creative services; Usa Teet, director of design; Quentin Farley, director of broadcast services; Lori Koepke, director of media services; Brad Penner. public relations counsel; and Andy Bretz, director of interactive services. Depending on the scope of work that is plan ned or required. additional team members will provide creative and technica l support. Team Leader Mike Losee! DireclOr ofHealrhco re Marketing Education: University of Nebraska- Uncoln, Masterof Arts in Mass Communications University of Nebraska-Lincoln, Bachelor of Journalism As the team leader, Mike will oversee all aspects of your account including creative concepting, strategic development, and implementation. Wi th over 25 years of communications experience. Mike leads all Snitily Carr health and wellness Initiatives. His background includes serving multiple public health, nonprofit, and government organizations including Diabetes Education Center of the Midlands, CHI Hea lth. Nebraska Commission on Problem Gambling. LiveWise, Lincoln/Lancaster County Health Department, Tobacco Free Nebraska, and several other programs within the Nebraska Department of Health & Human Services. Mike is President of Nebraska Healthcare Markelers and serves as a public member of the Nebraska Department of Health and Human Services Board of Pharmacy. References: Susan Heiser Ka te Speck David Hatrel President Senior Research Manager Presidenl PrO-Health Syslems, Inc. University of Nebraska Health Connections 3211 Fayette Road Public Policy Center 1203 Mayfair Way Kensington. MD 20895 215 Centennial Mal! South, Kingwood. TX 77339 301.942.3120 Suite 401 225.315.4525 Lincoln, NE 68588 <102.472.0501 22 SnitilyCarr Key Personnel Tina Reeves I O/leClu{ orAccount SerVi(e5 Education: University of Nebraska- Lincoln. Bachelofof Journalism Ti na will be responsible for the day-to-day management of your accounLln this role, she will serve as the primary point of con tact, participate in client meetings, and be responsible for internal project and overSight of deadlines and budgets. Dna has more than 15 years of account management, marketing, and public relations experience. 'While at Snitily Carr. she has directed several accounts including Tobacco Free Nebraskaj No Limits, Safe Routes Nebraska, United Way of lincoln and Lancaster County, Diabetes Education Center of the Midlands, Nebraska Safety CounCil, Douglas County Health Department, Nebraska Department of Education, and Gamblers Assistance Program. Tina currently serves as a board member for the Lincoln YMCA. References: Brian Watchman Jay 5teinachet Marty Jarvis Executive Director Senior Vice President, Director of Marketing United Way of Lincoln College Savings Division B&R Stores and Lancaster County Union Bank & Trust Company 4554 W Street Uncoln, NE 68508 6801 South 27th Street lincoln, NE 68503 238 South 13th Street Lincoln, NE 68512 402.464.6297 402.441.7700 402.323.1529 Connie Van Nostrand I Director of Creallve Services Education: Brown College (Minneapolis, MN), Associate Degree Connie directs creative development and copywriting for all campaigns including print. multimedia, lelevision, film, and radio. Taking into account demographics, psychograph ieS, and genographks. she works collaboratively with the creative team to ensure our clients receive results-driven creative. Connie has more lhan 25 years of comm unica tions experience working for a variety of clients including Gamblers Assistance Program, CHI Health, Tobacco Free Nebraska, Nebraska Department of Educatlon, Madonna Rehabil itation Hospital. Nebraska Sa fety Council, Metro Omaha Tobacco Actio(l Coalition, and United Way of Lincoln and Lancaster County. References: Larry Elias Charlie Meyer Jeff Abele Vice President or Marketing President Owner/Creative Director B&R Stores lincoln 5altdogs Move Creative 4554 W St reel 403 Line Drive Ci rcle 6321 Blackstone Road Lincoln, NE 68503 lincoln, NE 68508 lincoln, NE 68526 402.464.6297 0102.441.4178 402.770.1654 23 SnitilyCarr lisa Teet I Dlfecro(ofDe')igll Education: University of Nebraska-Kearney, Bachelor of Fine Am lisa oversees print and Interactive design for all clients, ensuring that every communication piece effectively reaches target audiences, meers graphics standards requirements, and achieves strategic campaign goals. Her experience working with multiple state agencies allows her to expenly direct marketing efforts thal meet dients' needs and exceed expectations, Usa has worked in marketing and advertising for nearly 20 years and has been involved in planning, branding, and campaign management and creation for a wide range of clients including United Way of Uncoln and Lancaster County, Tobacco Free Nebraska, CHI Health, Diabetes Education Center of the Midlands. UncolnlLancaster County Health Department, Douglas County Health Department. and Nebraska Department of Education. References: Terry Holt Carissa Bullock Marsha Wilkerson Director of Membership and Vice President of Marketing Markeling and Communications Workplace Safely Services Cornhusker 8ank Regional Director Coordinator 1101 Cornhusker Hwy CHI Health Nebraska Safety Council Uncoln, NE 68521 10 East 31st 5treet 3243 Cornhusker Hwy, Suite AlO 402.434.2265 Kearney, NE 68847 Uncoln, NE 68504 308.865.7972 402.4 83.2511 Quentin Fa rl ey I Director o{BroodcosI5ervice~ Education: University of Nebraska-Lincoln. Bachelor of Journalism Quentin oversees all vk:leo, audio, and photography work completed by Snitily Carr. Preparing project estimates. managing project deadlines, and assigning production personnel all fall under Quentin's direction. In addition. he lends creative assistance and direction to projects and campaigns that involve video and audIo. Over the past 21 yea rs, Quentin has worked with a variety ofSnitlly Ca rr clients including Tobacco Free Nebraska. CHI Health, Diabetes Education Center of the Midlands, Madonna Rehabilitation HospItal, Nebraska Attorney General Child Internet Safety, The Center for Preparedness Education, and University of Nebraska- Uncoln References ." Kirk Hartmann John Sc hofield Janice Brandt Executive Director of Marketing Coordinator Nebraska FCCLA AdVisor Video Produclion CLAAS of America, Inc. Nebraska Department University of Nebraska, 8401 South 132nd Street of Education HuskerVision Omaha, NE 68138 301 Centennial Mall South 400 West Stadium Drive 402.861.1027 Lincoln, NE 68509 Lincoln, NE 685B8 402.471.4814 402.4723032 SnitilyCarr Lori Koepke I Oi!!'( loro' Media )(!IVift' ~ducallon, UnIversIty of Nebraska- Uncoln, Bachelor of Journalism I.or[ brings to our clients 20 years 01advenislng experience. She oversees a team responsible tor strategic media planning. research, negotiating, buying, and placement. Her media expertise, knowledge of the Slatewide market, and negotiaHon skills enable her 10 maximize our clients' media budgets through value-add placement and exceptional media buys with all media outlets. Lori's experience includes dlents such as Nebraska Soybean Board, Uncoln Airport, Public Alliance for Community Energy, uncoln Saltdogs, lincoln Convenlton and Visitors Burec1U, Nebraska Game and Parks Commission, and B&R Stores. References: Jeff Maul Chris linville Marty Jarvis Executive Director Certified Radio Marketing Director of Marketing Uncol n ConventIon and Consultant a&R Stores Visitors Bureau Diglty 4554 W Street lincoln Chamber of Commerce 3800 Cornhusker Hwy lincoln. NE 68503 1135 M Streel. Suite 300 lincoln. NE 68504 402464.6297 lincoln, NE 68508 402.325.7787 402.434.5343 Brad Pe nner I Public l~elallon5 CoutHd Education: Universny or Nebraska- Uncoln, Bachelor of Journalism Brad pUIS over 25 years of experience as a well-Imown journalist, news manager, and public relations profe.ssionallo work for our clients every day. His vast experience has provided him with the tools necessary \0 analyze objectives, develop a results-oriented public relations strategy Incorporating both uaditional and new media, write compelling copy, and effectively pitch ideas and stories. Brad has worked with several Snitily Carr dients including Tobacco Free Nebraska. No Lirnlts, CHI Health, lincoln Airport AuthQrity, Omaha Chamber or Cornrnerce, B&R Stores. Douglas County Hea lt h Department. Stare Games-of America. and Nebraska Soybean Board. References: David Hannens Jon Vanderford Jeff Buettner Executive Director NeWi Ancllor Public Relations Coordinator PGA of Nebraska KOlNIKGIN Central Nebraska Public Power 8700 Executive Woods Drive 840 North 40th Street and Irriga tiOn DiStrict Uncoln. NI:- 685 t2 lincoln. Nt GBS03 41 5 Uricoln Street 4021189.7760 402.11 67.4321 Holdrege, NE 68949 308,995.8601 SnitityCarr Andy Bretz I Oireclorof InrelQc(/ve 5elV/u'5 Education: University of Nebraska- Lincoln, Ba chelor of Science leading Snitily Carr's Web development team, Andy manages deadlines References: larry Punte ney Ann Cole-Nelson Marsha Wil kerson Business Development Executive Community Relations Manager Marketing and Communications Avantas Floyd Valley HOSpital Regional Director 11128 John Galt Boulevard, 714 lincoln Street Northeast CHI Health Suite 400 Le Mars, IA 51031 10 East 31st Street Omaha, NE 68137 712.546.3495 Kearney, NE 68847 888.338.6148 308.865.7972 26 SnitilyCarr j. Subcontractors It is difficult to predict if, and to what extent, subcontractors will be needed without tirst knowlng each project's parameters. However, with Sn itily Carr's (and what will soon be Firespring's) wide array of in·house resources. the need to hire subcontractors on any given project will be extremely low. We use vendors for services such as search engine optimization (SEO). search engine marketing (SEM), and research as required for each project or contract. If the need does arise, be assured we will retain the very best vendors for NCB. To fulfill the requirements of this RFP, we will turn to our established partnership with Tomorrow's Online Marketing for recommended SEO/SEM efforts. Tomorrow's Online Marketing Wayne 80esiger Owner 2020 Southern Ught Drive lincoln, NE 68S12 877.930.533 1 wayne®tomorrowsontinemarkeling.com rhis subcontractor is a strategic choice-a trusted partner known for high-quality work and proven cost-effec tiveness. The percentage of performance hours intended for this subcontractor will not exceed 1 percent of the implementation budget. Snitily Carr can fulfill all aspects of qualitative research - induding focus groups, rOUndtable discussions. one-on-one Interviews. and other methods- to help provide insight into the target audience that cannot be uncovered through quantitative survey data Often. we work with another company-Wiese Research Associates (WRA)-to provide these services. The role ofWRA is to assist in the developmem of methodology and implementation of quantitative research to collect valid data. All research methods will be defined collaboratively by Snitily Carr, DHHS, and WRA to dete rmine how best to achieve the resea rch and evaluation goals. The proposed evaluation budget will not exceed 4 percent of the total budge\. Wiese Rese arch Associates, Inc. Cathy Morri5sey Vice President - Research Services 9375 Burt Street, Suite 100 Omaha. NE 68114 402391.7734, ext. 202 (Omaha) 402,483.5U54 (lincoln) [email protected] WHA is a lull-service marketing research firm headquartered in Omaha w'ith call centers in lincoln and Norfolk. The firm has been in existence for ncarly 40 years and employs over 35 full· time and 275 pan-time people. The firm conducts a wide vanety of research for clients across the United Stales WRA has developed considerable experience in the following industries: communicatIOns, telf'llision and radio, retail, pharmaceuticals. technology. healthcar!? resear ch, finanCial services research, gaming 27 SnitilyCarr and lodging, and a broad range of consumer and bl1slness-(o-bl1siness products and service s. Each year, the company completes over 200 separate research studies and "listens (0· more than 200,000 respondents. In addition to providing primary research for both Fortune 500 and smaller organizations, the firm also designs scripts and compiles business-la-business databases (or companies In the financial services, insurance, and manufacturing industries. WRA's 160 central Interviewing tines provide extensive phone-generated research and database capabilities using state-of-the-art sampling, monitoring. and quality control systems. >8 SnitilyCarr 3. Technical Approach a. Understanding of the Project Regu irements Proj ect Description a nd Scope of Work Snitily Carr Unde(5tonds that the State of Nebraska, Administrative Serv1ces, Materiel DivisiOn, State Purchasing Bureau Is issuing this Request for Proposal, RFP Number 4958Z1, for the purpose of selectlng a Qualified contractor to provide statewide education and public awareness oflhe need for organ and tissue donation. We understand that the Nebraska Organ and Tissue Donor AWareness and Education Fund was authorized under Nebraska Stat. 60-495 that Went Into effe The project includes providing strategiC mark.elhlg 10 effectively carry out a campaign to raise awareness about the benefits of organ and tissue donation. The campaign may Include prOViding advertising, promotion, education, and public relations In a variety of formats. Tile campaign may also encompass reachIng our to television and radio stations, producing print and electronic advertiSing ffioterials, and utilizing websites and other online marketing opportunities, We understand that materia ls should also be made available In languages other thdn English. Due to the fluid nature of this project, the percentage of time spent on the items delineated in the RFP may change--wlth greater emphasis being put on differenT areas at different times. We understand that if selected as contractor, SOIIily Carf will provide a five-year plan outlining and recommending measurable strategies supported by solid research through the use of various media such as print. television, r'adio. Inrerner, digital media,elc. We will review and evaluate advertising opponunities and present them to DHHS as needed and aSSigned. We understand the need to work collaborallvely with DHHSln order to Implement a successful pial' and Change Management process. The plan will Include a summary of the proposed campaign. including a desoiption of the overall goals and objectives, types of interventions 10 be implemented, who may complete the td Sk.s, and the spe We understand that we are to provide a df"lalled description orthe pl Ultirnat('ly, we IInde-rstand the importano" of being efficient. nexible, and "ffe SnitilyCarr b. Proposed Development Approach Snitlly Carr will develop, operate, and manage the adverti~ing campaign for OHHS uSing these four key strategies: • Implernent a proven process to achieve results, • Maximize resources and value. · Incorporate a partnership approach. · Provide a team with extensive experience in statewide marketing. Each strategy will help ensure we deliver an effective, results-driven advenising campaign. Apply Proven Proce55 Snitily Carr employs a sys tematic process that produces effective State of Nebraska campaigns. The steps of the process include: · Discovery and initial research. • Marketing communications strategy. • Creative concepting and materials development. • Implementation. • Evaluation. This process serves as a road map for the development and implementation of the campaign. It outlines strategies, specific tactics, budgets, timelines, and overall direction. A sound planning process also ensures that we approach the project strategically and remain focused on your goals and objectives. Details of these steps are included in the Delailed Project Work Plan section on pages 33-35. Specific earned and paid media tactics will be determined during the Marketing Communications Strategy process. To propose any speCific elements prior to this step and without input from the DHHS team would be premature. We have, however, provided a list or potential tactics that we feel should be considered. These elements include traditional media such as outdoor 5i9nage, print materials, television and radio; partnerships with the DMV, Nebraska Organ Recovery, Tile lions Club, healthcare providers and other stakeholders; community event sponsorships; online and social media tactics; and a variety of public relations activities. We also recommend considering a mobile·frlendly microslle/landing page with information about organ and tissue donation. Nebraskans are increasingly using mobile devices, making the addition of a mobile site a strategic necessity. The site should also offer a Spanish-language version as Hispanics are currently using smartphones at a higher rate than any other demographic group. This is where your audience will go to get the informaTion they need Snitily Carr's campaign allocation dedicates the majority of the budget to the implementation phase. This is a proven methodology we have incorporated Into aU or our public health campaigns. This process, combined with our staff e)(perience, will ensure we obtain aU campaign goals and objectiVes within your time frame. 30 SnitilyCarr Provide Exceptional Value Making the. most of your resources is a key element to the success of this campaign. ro do this, we must use teamwork and strategy to maximize resources and enhance value. Simply pUt. we must achieve extended exposure and frequency of the message to produce resuhs_ To accomplish this. Snitily Carr offers several strategies to ensure the bulk of the budget goes to maximize media dollars and heighten the effectiveness of the campaign: • Enhanced Media Schedules Using our knowledge of the state media landsc"pe. relationships with media vendors. and strong media buying power, we wilt seek to secure bonus and value-added opportunities to help boost the value of the media schedule. Snitily Carr has historically achieved a high percentage of additional earned media on other State of Nebraska campaigns. • Production Efficiencies Our extensive in-house production capabilities eliminate middleman markups in areas such as Web development. printing. and video and audio production. Having these services in-house allows for greater communication. which directly Impacts efficiency. Saving money during the production process means we can focus more dollars on getting the message out. Snitily Carr's continuum of services will also enhance value by maintaining consistency and control of the message. · Building Relationships It is imperative that we leverage relationships with the media, retailers, and other stakeholders to maximize resources and opportunities. Snitily Carr has extensive experience working with partner organizations and will actively seek ways for our clients to utilize and strengthen its connections to help meet the goals and objectives of the campaign. • Proven Budget Model Snitlly Carr's budget "ilocation process utilizes a proven model designed to allocate funds to achieve maximum impact. This budget framework. which was developed through our work on multiple State of Nebraska media campaigns, applies the majority of the budget to tasks that generate awareness and exposure. Hased on lhl5 model, we typically recommend the following budget breakdown. Planning: 4 percent of total budget Creative and Materials Development: 10 percent of total budget Implementation: 82 percent of total budget Evaluation:" percent of total budget Further clarification of the budget and other elements within these categories is provided in Form 8 Budgel Proposal on page 39. 31 SnitilyCarr Serve as a Partner Our collaborative approach is part of what makes us such a good fit forthis project. We believe you will find us to be a logical and practical extension of your team, ploviding constant communication and sharing of knowledge. Be assured that every effort will be made to keep the lines of communication open throughout each step. Assemble an f xperlencedTeam Snltily Carr has a proven track record working with Nebraska statewide campaigns, government agencies, and social cause organizations. This experience, combined with our clients' knowledge and background, enables us to hit the ground running. There is little room for trial·and-erro( processes, and our partnership approach gives us the essential resources and knowledge needed to imptemem a plan based on experience and established methods. c. Technical Considerations Based on the project overview, we understand due to the fluidity of the monetary donations, the annual allocation amount has the potential to increase or decrease. With this in mind, Snitily Carr is prepared to develop the five-year plan based on a Change Management process. We have longstanding experience fulfilling contraC(s that are dynamic and fluid in nature, including State of Nebraska contracts that had multiple funding changes made by the legislature as well as changes made to the adminiwation of the contract via State statute. Our plan and process Is proactive and collaborative so we can adjust to changes in funding as well as take advantage of new technologies, changes in the ma rketplace, and alternative opportunities and solutions that will enhance results. Our standard process of providing up-front estimates and obtaining prior approval before beginning work aligns with the requirements of this RFP. Snitily Carr offers a complete spectrum of services all under one roof to accommodate any necessary changes. From creative services and video production to media planning/ placement, public rela tions, and creative testing, Snitfly Carr has the personnel and technology in place to develop, produce, implement, and test any marketing campaig n. For a more detailed listing of our in·house services, please see page 37. 32 SnitilyCarr d. Detailed Project Work Plan Tas k Staff Responsible Date Contract begins DHHS representatives August 1, 2015 Faci/itare comract signatures and confirm insurance requirements and other contract details. Initial kick-off meeting/discovery Snitily Carr team, Within two weeks of DHHS representatives contract beginning The Snirily Carr team will meec with the OHHS staff to iniciate our parrnership process, make team inffoductions, and confirm your goals and objectives for the campaign. In oddicion to discussing where we're headed, we'll also calk about your past efforts. cilallenges. and successes. Our goal is to learn (rom the pose and coplCalize on the things that have worked We a/50 want your input about audIence percepllOn and other key factors associated with organ alld tissue donation in Nebraska. As pOft of this meeting, we will also: • Establish a procedure for status update meetings. • Collect any exiSting education or promotional resources and research. • Reviewcommullication processes and clarify the point of contact. • Create a schedule for ongoing meetmgs. including prOject status updates alld reports. • Confirm target audience. • Confirm measurement and evaluarion tactics. · Define and agree upon approval protocol (or all materials. Begin planning process Snitily Carr team Immediately following initial kick-off meeting Snill/y Carr will thoroughly reV/ewall research and documents DHHS believes is pertinem to the campaign and program. We will chell begin to establish a plan for the developmenr and implementation of tile campaign. We will review existing research and historical information as well as any ocher information provided in the kick·off meeting. This step will help us gain a thorough undemanding of the issues at hand. During this plJase, we will: • Conduct analysis and assessmet1l of the target audience. • Assess the curren/landscape oforgan and {issue donO/ion and identify melilods and messages currencly being used. • Meet or have phone discussions wifh OHHS {eam members alld stakeholders as recommended. Develop recommended plans for 2015- 16 Snitily Carr team, 4- 6 weeks from initial campaign (including media. creative DHHS representatives kick-off meeting campaign. and brand review) Once we've conducted Ollr ini/ial discovery and assessment and have all marketing objectives, target audiences, and goals confirmed, we will begin creating the marketing Sfrategy tllat Will gUide all elements of (he campaign. Tile marketing communications strategy will outline· • Overarching strategies for reachmg and resonating with the targer audiences. • Specific tactics for targeting the specified audiences. • Recommendations for how to effectively reach rhe target audience with your message. • Earned media and value-added appommiCies to increose the reach and frequency ofyour message. 33 Snitily Carr Tile plan will prioritize tactical recommendations; outline costs (or the various tactics; and provide time!lnes, IOsks, and deliverables for all campaign elemenrs including messaging, implemenlOtloll (such as media, publIC relations, and social media), and evaluation. Once 01/ the elements o( the strategy are completed, we will present our findings and recommendations to the OHHS team (or input and approval. Among the tactics we will recommend include. , POId and eomed media. · Social media · Public relatiOf"ls and events. • Onlme and mobile marketing. · Grassroots efforts and partnerships. · Additional awareness and exposure activities. Upon approval, we will provide DHHS primed and elec/ronic copies o( the final strategic document. Creative concepts and materials Snitily Carr team Begin one week after development plan presentation The creative process will utilize the methods and tactics identified during strategy development. This (oundal/on helps us stay (rlle to rile gools and objectives of the campaign. It can be rempting to simply (ocus on producing great creative; we wam ro provide great creative that gets exceptional result5 Thai's why Snilily Carr approoches the creative process seriously and strategically. Every step-from concept to final messaging-is (ocused on achieviltg your desired outcome. Initial brainstormmg will be done collectively with tile DHHS team. Working toge/her will help us successfully identify key message pailllS and develop preliminary trearmellls for (iJe public awareness campaign. Tile team will/hen colltinue the process, ulllmarely providing 2-3 cofl(eplS for your input, review. and approval. Final design, copy. and produoion will begin once a creative concept is approved by the OHHS ream. Thedesign elements, benefits language, and overall tone will be applied 10 the tactics, rurning ideas and conceprs mlO collateral materials, communications taOI(5, and miler deliverobles as determined in rhe strategic process. Tilis phase will include elements such as: • Holding a kick·off meeting with the creative team to assess the marketing communicaNons strategy. present creative brief documents, and review job specs. · Conducting brain5lOrming sessions with the creative team. · Developing initial creatNe treatments and key messaging. • Presenting concepts lO the OHHS (eam for Input and approval • Scripting, shooring/recording, and editing (or broadcast media as necessary. • Writing ond deSigning for print materials • Writing ond programmmg for Web ond onlille materials. • Translailllg of materials into variOUS languages as needed • Coordinarlng with print and specialty item vendors. • Forma/ting o( materials into oppropflote files (or media vendors and other outlets as necessary. · Submitrmg prodUCed materials to OHHS {or approval 34 SnitilyCarr Implementation Snitily Carr team 3-4 weeks after crea tive concepts and materials development The next step in theproces) is implementotlon, whiCh Includes media planning and placemem, pa (( nershrp development and public rela/iOns activilles, and all o/her tactks associated with disseminating the campaign 10 the corget audiences. As rhe campaign progresses, we will maineain consram communication with rhe DHHS ream, repoffmg on acrivities, results, and oppoftunit1€5 and ensuring billing requirements are being met. A vonetyof aCClv;ries will be used including, bur notlimired co: • Plannmg, negoC/almg, and buying ofpaid media. • Negotiarmg earned media with media ourlers fa obtain bonus and value·added opportunities. • Trafficking media schedules, sending malerials co media outlels, a/Jd verifying media buys. • Commun icating schedules and media reports 10 DHHS. • Faci/ltQnng billing and verification of invoices, deliverable), and conuaer fulfillment of vendors. · Writing press releases, pitching stories to media representatives and bloggers, and posting on social media ourle/s. · Faci/iCOting partnership meetings alld events. Evaluation Snitily Carr team, Ongoing DHHS representatives Evaluating effectiveness of awareness campaign includes: • Ongoing evalua/ lon of media Ihroughou l file life of the campaign. • Writ ten report providing dora for review of impressions, opens, diS(fibunon, ele. based on [he media selecfed. • Review of websile fraffic and public relations engagement and outcomes. • Presentation of information ill quarterly reports co DHHS. Planning for subsequent fiscal Snitily Carr team, Upon determination of year contracts DHHS representatives funds for the upcoming fiscal year and agreement between Snitily Carr and DHHS We will begin discussing tile next phases and evoltJfion of the campaign moving forWQrd into the next fiscol year. e. Deliverables and Due Dates It is difficult to predict timelines and deliverables before an approved plan is in place. Once that happens, we will crea te and manage timelines for all projected activities. Individual timelines and descriptions of project scope will be provided as we nea r the start of each projec t. 3S SnitilyCarr B. BUDGET PROPOSAL REQUIREMENTS 1. Pricing Summary The cost for this campaign is outlined based on the following categories of work: Planning - The planning category includes strategic planning time, ongoing consultation and meeting time with the client, media planning time. and administrative duties (phone call s, faxes, emails, etc.) associated with negotiating and coordinating with media outlets and potential vendors. PrOViding the necessary reports, documentation, and communication to OHHS is also included. Snitily Carr proposes using 4 percent of the budget for planning. Planning (1udger $3,200 Creative and Materials Development - This category includes copywriting. design, Web programming, photography, video, and creative development of communication tactics. Hard costs associated with the creation of messages such as props, postage, and talent or royalty fees will also be applied (0 this category. No markups will be applied to any of these fees. We propose using 10 percent of the budge.t for the creative and materials development elements. (realive and Mmef;a/s Development 8(Jdger- sa,ooo Implementation - Ac tiviti es associated with implementation include social media; public relations; and media placement, trafficking, invoicing, and verification of schedules. Also included is ongoing communication and coordination with media outlets. Snitily Carr will receive the standard IS-percent commission for recognized agency placemem of traditional media, and social media advertising placement will be provided at the hourly media rate. We propose dedicating 82 percent of the budget to this category. Implementallon Budge/: 50,),600 Evafuatfon- Evaluation activities Include monitoring and analysis of media, social media, and other recommended tactics. We propose applying 4 percent of the budget to evaluation. EYa/uOliorr IJurlgel: S3.20(l Total Campaign Cost: 580,000 2. Prices Snitily Carr understands that pric es Quoted shall be net, including transportation and delivery charges fully prepaid by the bidder, EO.B. destination named in the request for proposal. No additional ch arges will be allowed for packing, packages, or partial delivery costs. When an arithmetic enor has been made in the extended lotal, the unit price will govern 36 SnitilyCarr 3. Project Rates The following services will be provided at the accompanying hourly rates. Snitily Carr will provide up-front cost estimates for OHH5's rev iew and approval prior to beg inning any project work. Account Services $95/hour Change Management $95/hour Project Management $9S/hour Copywriting S9S/hour Creative Services S9Sfhour Graphic Design S95/hour Public Relations $95/hour Media - Hourly $95/hour Media - Commissionable 15% Hlustration SIOO/hour Non-Linear Audio Editing $l00/hour Web/HTML Programming $lOS/hour Consulting Sl 10/hour Video Still Photography SIlO/hour Strategic Planning $12S/hour Video Motion Graphics $12S/hour Non-linear Video Editing $17S/hour Video Shooting (Three-Person Crew) S22S/hour C. PAYMENT SCHEDULE We understand that invoices may be submitted on specific dates based on the completion and acceptance of the related deliverables, and invoices won't be approved unless the associated deliverables have been approved. 37 Snitily Carr APPENDICES Appendix A: FormA BIDDER CONTACT SHEET Req uest for Proposal Number 4958Z1 Form A should be completed and submitted with each response to this Request for Proposal. This is intended to provide the State with information on the bidder's name and address, and the specific person{s) who are responsible for preparation of the bidder's response, Preparation of Response Contact Information Bidder Name: Snitily Carr Bidder Address: 300 S. 68th Street Place Lincoln, NE 68510 Contact Person & Title: Mike Losee, Director of Healthcare Marketing Ema il Address: [email protected] Telephone Number (Office): 402.489.2 121 Telephone Number (Cellular): 402.617.6669 Fa x Number: 402.489.2727 Each bidder shall also designate a specific contact person who will be responsible for respond ing to the State if any clarifications of the bidder's response should become necessary. This will also be the person who the State contacts to set up a presentation/demonstration, if required. Communication With the State Contact Inform~a;.;t;.;io;.;n~ ____---.J Bidder Name: Snitily Carr Bidder Address: 300 S. 68th Street Place lincoln, NE68510 Contact Person & Title: Mike losee, Director of Healthcare Marketing Emai l Address: [email protected] Telephone Number (Office): 402.489.21 21 Telephone Number (Ce llular): 402.617.6669 Fa x Number: 402.489.2727 38 SnitilyCarr Appendix B: Form B BUDGET PROPOSAL Request for Proposal Number 4958Z1 Bidders should provide annual campaign plans based on an 580,000 per year budgel. However, the annual budget amount may vary based on the donations received. It is expected that the awarded contractor will utilize the entire funded amount. Form B - Budget Proposal wi ll be evaluated as part of the Technical Approach. The following is an outline for the basic elements toward which the available funding may be applied. The goal is to maximize the effectiveness of dollars and apply the most resources to the elements that will result in increasing awareness. Therefore, bidders shall apply the most resources toward Implementation/Placement Cost in dollars Percentage Planning - The planning category includes strategic planning time, ongoing consultation and meeting time with the client, media planning time, and administrative duties (phone calls, faxes, emails, etc.) associated $3,200 4% with negotiating and coordinating with media outlets and potential vendors. Providing the necessary reports, documentation, and communication to DHHS is also included. Creative and Ma terials Development - This ca tegory includes copywriting, design, Web programming, photography, video, and creative development of communication tactics. Hard cos ts associated with the creation of $8,000 10% messages such as props, postage, and talent or royalty fees will also be applied to this category. No markups will be applied to any of these fees. Implemelltatiol1- Activities associated with implementation include social media; public relations; and media placement, trafficking, invoicing, and verification of schedules. Also included is ongoing communication and coordination with media outlets. Snilily Carr will receive the standard $65,600 82% lS-percent commission for recognized agency placement of traditional media, and social media advertising placement will be provided at the hourly media rate. Evaluation - Evaluation activilies include monitoring and analysis of media, $3,200 4% social media, and other recommended tactics. The submitted budget proposol shall show the allocation of the budget according to the areas listed above and provide rationale for the proposed budget allocations. The percentage of time spent on the items delineated in the RFP wilt be fiuid with greater emphasis being put on different aleas at different times. 39 SnitilyCarr Appendix C: Forme PROJECT RATES Request for Proposal Number 4958Z1 Please see Change Management as identified in Section IVB. of the RFP. These rates wi ll on ly be used in the context of that section. This RFP is for serv ices that are dynamic in nature. As such, there will be natural project dynamics built into the process as well as outside change management that wi ll need to be addressed. There may arise from time to time a need for work not originally delineated in this RFP but considered within the scope of work as it relates to technology. This add itional work may stem from legislative mandates, emerging technologies, and/or secondary research not otherwise addressed in this RFP or known at the time this RFP was issued. Price quoted shall be firm far one (1) year from date of an awa rd. After the first year, pricing may no! inc rease more than 3% over the previous year. Price increase requests may not occur more than once per year. Any request for an increase must be submitted in writing to the State Purchasing Bureau a minimum of 30 days prior to the proposed effective date of the increase, and must show cause and be accompanied by supporting documentation. urther documentation may be required by the State to authenticate the increase (such as invoices). Failure to supply any requested supporting documentation may be grounds to cancel the contract. The State further reserves the right to reject any proposed price increase, cancel the contract and re-bid if determined to be in the best interest of the State. The Sta te will be given fu ll proportionate benefit of any rate decrease for the term of the cont ract. No price increases are to be bil led to DHHS without prior written approva l by the State Purchasing Bureau. Unit of Measure Job Title and/or Service Rate (Hourly. unit, placemem, ereJ Account Services 595 hour Change Management 595 hour Project Management 595 hour Copywriting 595 hour Creative Services 595 hour Graphic Design 595 hour Public Relations 595 hour Media ~ Hourly 595 hour Media - Commissionable 15 % Illustration 5100 hour Non-linear Audio Editing 5100 hour Web/HTML Programming $105 hour Consulting 5110 hour Video Still Photography $110 hour Strategic Planning $12 5 hour Video Motion Graphics 5125 hour Non-U nearVideo Editing 5175 hour Video Shooting (Three-Person (rew) 5225 hour 40 SnitilyCarr Appendix D: Terms and Conditions III. TERMS AND CONDITlONS By signing the "Request for Proposal for Contractual Service s~ form, the bidder guarantees compliance with the provisions slated in th is Request for Proposal, agrees to the Terms and Conditions unless other'Nise agreed to , and certifies bidder maintains a drug free work place environment. Bidders are expected to closely read the Terms and Conditions and provide a binding signature of intent to comply 'Nith the Terms and Conditions; provided, however, a bidder may indicate any exceptions to the Terms and Conditions by (1) clea rly identifying the term or condition by subsection, and (2) including an explanation for the bidder's inability to comply with such term or condition which includes a statement recommending terms and conditions the bidder would find acceptable. Rejection in whole or in part of the Terms and Conditions may be cause for rejection of a bidder's proposal. Bidders must include completed Section III with their proposal response. A. GENERAL Accept Reject Reject & Provide NOTESICOMMENTS: (Initial) (Initial) Alternative within RFP Response I (Initial) PKr The contract resulting from this Request for Proposal shall incorporate the follo"";ng documents: 1. Amendment to Contract Award with the most recent dated amendment having the highest priority; 2, Contract Av...ard and any attached Addenda; 3. The Request for Proposal form and the Contractor's Proposa l, signed in ink 4. Amendments to RFP and any Questions and Answers; and 5. The original RFP document and any Addenda. These documents constitute the entirety of the contract. Unless otherwise specifically stated in a contract amendment, in case of any conflict between the incorporated documents, the documents shall gove rn in the following order of preference with number one (1 ) re ceiving preferen ce over all other documents and ...,;th each lowe r numbered document having preference ove r any higher numbered document: 1) Amendment to Contract Awa rd with the most recent dated amendment having the highest prio rity , 2) Contract Award and any attached Addenda , 3) the signed Request for Proposal form and the Contra ctor's Proposa l, 4) Amendments to RFP and any Questions and Answe rs, 5) the original RFP document and any Addenda . Any ambiguity in any provision of this contract v.flich shall be discovered after its execution shall be resolved in accord ance "";th the rules of contract interpretation as established in the State of Nebraska. Once proposals are opened they become the property of tho State of Nebraska and ""; 11 not be returned. Page S SPB RF P Revised: 03l13rlO15 41 SnitilyCarr B. AWARD Accept Reject Reject & Provide NOTESICOMMENTS: (Initial) (Initial) Alternative within I ~tP Response InlUalJ ~ All purchases, leases, or contracts v..tl ich are based on competitive proposals will be 3vvarded according to the provisions in the Request for Proposal. The State reserves the right to reject any or all proposals. in whole or in part, or to amrd to multiple bidders in INhole or in part, and at its discretion, may withdraw or amend the Request for Proposal at any time. The State reserves the right to waive any deviations or errors that are not material, do not invalidate the legitimacy of the proposal, and do not improve th e bidder's competitive position. All awards wi ll be made in a manner deemed in the best interest of the State . The Request for Proposal does not comnit the State to a'Na rd a contract. If, in the opinion of the State, revisions or amendments will req uire substantive changes in proposals, the due date may be extended. By submitting a proposal in response to this Request for Proposal, the bidder grants to the State the right to contact or arrange a visit in person with any or all of the bidder's clients. Once intent to award decision has been determined, it will be posted to the Internet at: http://das.ncbraska.gov/materieVpurchasing. html Grieva nce and protest procedure is available on the Internet at: http://das.nebraska.govlmaterieVpurchase bureau/docslvcndorsJprotcstlProtesiGrievancePro cedureForVendors.pdf Ally protests rrust be filed by a vendor v.;thin ten (10) business days after the intent to a'Na rd decision is posted to the Internet. C. COMPUANCE WITH CIVIL RIGHTS LAWS AND EQUAL OPPORTUNITY EMPLOYMENT / NONDISCRIMINATION Accept Reject Reject & ProVide NOTES/COMMENTS: (Initial) (In itial) Altemative within AFP Response (Initial J'I\1- The Contractor shan comply with all applicable local, state, and federal statutes and regulations regarding civil rights laws and equal opportunity employment. The Nebraska Fair Employment Practice Act prohibits Contractors of the State of Nebraska, and their Sub- Contractors, from discriminating against any employee or applicant for employment, with respect to hire, tenure, terms, conditions, compensation, or privileges of employment beca use of race , color, religion, sex, disability, marital status, or national origin (Neb. Rev. Stat. §48- 1101 to 48-1125). The Contractor guarantees compliance with the Nebra ska Fair Employment Practice Act, and breach of this provision shall be regarded as a material breach of contract. The Contractor sha ll insert a similar provision in all sub-contracts for services to be covered by any contract resulting from this Request for Proposal. PageS SPB RFP Revised: 03I13J2015 42 SnitilyCarr D. PERMITS, REGULATIONS, LAWS Accept Reject Reject & Provide NOTESICOMMENTS: (Initlat) (Initial) Alternative within RFP Response I (Initial) r0 The Contractor shall procure and pay for all permits, licenses, and approvals necessary for the execution of the contract. The Contractor shall comply with all applicable local, state, and federa l laws, ordinances, rules, orders, and regulations. E. OWNERSHIP OF INFORMATION AND DATA Accept Reject Reject & Provide NOTESICOMMENTS; (Initial) (Initial) Alternative within R'P Response I iinltlal N The State of Nebraska shall have the untim~ ed right to publish, duplicate, use, and disclose all information and data developed or derived by the Contractor pursuant to this contract. The Contractor m.Jst guarantee that it has the full legal right to the materials, supplies, equipment, and other rights or titles (e.g. rights to licenses transfer or assign deliverables) necessary to execute this contract. The contract price shall, ""';thout exception, include compensation for all royalties and costs arising from patents, trademarks, and copyrights that are in any Wdy involved in the contract. It shall be the responsibility of the Contractor to pay for all royalties and costs, and the State must be held harmless from any such claims. F. INSURANCE REQUIREMENTS Accept Reject Reject & Provide NOTESICOMMENTS: (I nitial) (Initial) Alternative within RFP 11\ Response Initial ffl The Contractor shall not commence work under this contract until all the insurance required hereunder has been obtained and such insurance has been approved by the State. The Contractor shall maintain all required insurance for the life of this contract and shall ensure that the Stale Purchasing Bureau has the most current certificate of insurance throughout the life of this contrad. If Contractor will be utilizing any Sub-Contractors, the Contractor is responsible for obtaining the certiflCate(s) of insurance required herein under from any and all Sub-Contractor(s). The Contractor is also responsible for ensuring Sub-Contractor(s) maintain the insurance required until completion of the contract requirements. The Contractor sha ll not allow any Sub-Contractor to commence work on any Sub-Contract until all similar insurance required of the Sub-Contractor has been obta ined and approved by the Contractor. Approval Page 10 SPB RFPRevised 0311 31201 5 43 SnitilyCarr of the insurance by the State shall not limit, relieve, or decrease the liability of the Contractor hereunder. If by the terms of any insuranoo a mandatory deductible is required, or if the Contractor elects to increase the mandatory deductible amount, the Contractor shall be responsible for payment of the amount of the deductible in the event of a paid claim. 1. WORKERS' COMPENSATlON INSURANCE The Contractor shaH take out and ma intain during the life of this contract the statutory Workers' Compensation and Employer's liability Insurance for all of the contactors' employees to be engaged in work on the project under this contract and, in case any such work is sublet, the Contractor shall require the Sub-Contra ctor similarly to provide Worker's Compensation and Employer's liability Insurance for all of the Sub- Contractors employees to be engaged in such work. This policy shall be 'Mitten to meet the statutory requirements for the state in vmich the work is to be performod, including Occupational Disease. This policy shall include a waiver of subrogation In favor of the State. The amounts of such insurance shall not be less than the limits stated hereinafter. 2. COMMERC IAL GENERAL LlABILIlY INSURANCE AND COMMERCIAL AUTOMOBILE LIABILITY INSURANCE The Contractor shall take out and maintain during the life of this contract such Commercial General liability Insurance and Commercial Automobile liability Insurance as sha ll protect Contractor and any Sub-Contractor performing work covered by this contract from claims for damages for bodi ly injury, Including death, as well as from claims for property damage, which may arise from operations under this contract, whether such operation be by the Contractor or by any Sub-Contractor or by anyone directly or indirectly employed by either of them, and the amounts of such insurance shall not be less than limits stated hereinafter. The Commercial General Liability Insurance shall be 'Mitten on an occurrence basis, and provide Premises/Operations, Products/Completed Operations, Independent Contractors, Personal Injury, and Contractual liability coverage. The policy shall include the State, and others as required by the contract documents. This policy shall be primary, and any insurance or self-insuranco carriod by the State shall be considered excess and non-co ntributory. The Commercial Automobile liability Insurance shall be written to cover all Owrled, Non-owned, and Hired vehicles. 3. INSURANCE COVERAGE AMOUNTS REQUIRED a. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY Coverage A Sta tutory Coverage B Bodily Injury by Accident $100,000 each accident Bodily Injury by Disease $500,000 policy limit Bodily Injury by Disease $100,000 each employee Page 11 SPB RFP Revised 0311312015 44 SnitilyCarr b. COMMERCIAL GENERAL LIABILITY Genera l Aggregate $2,000,000 Products/Completed Operations Aggregate $2,000,000 Personal/Advertising Injury $1,000,000 anyone person Bodily Injury/Property Damage $1 ,000,000 per occurrence Fir e Damage $50,000 anyone fire Medical Payments $5,000 anyone person C. COMMERCIAL AUTOMOBILE LIABILITY Bodily Injury/Property Damage $1,000,000 combined single limit d. UMBRELLA/EXCESS LIABILITY OVe r Primary Insurance $1,000,000 par occurrence e. SUBROGRATION WAIVER ·Waiver of Subrogation on the Worker's Compensation in favor of the State of Nebraska ," f. LIABILITY WAIVER "The State of Nebraska, Certificate holder, is an additionally insured , primary & noncontributory on the General l iability." 4. EVIDENCE OF COVERAGE The Contracto r should furnish the State, with their proposal response, a certificate of insurance coverage complying with the above requirements to the attention of the Buyer at 402·471·2089 (fax) Administrative Services State Purchasing Burea u 1526 K Street, Suite 130 Lincoln, NE 68508 These certificates or the cover sheet shall reference the RFP number, and the certificates shall include the name of the company, po licy numbers, effective dates, dates of expiration, and amounts and types of cove rage afforded. If the Slate is damaged by the failure of the Contractor to maintain such insurance, then the Contractor sha ll be re sponsible for all reasonable costs properly attributable thereto . Notice of cance llation of any required insurance policy must be submitted to Administrative Services Sta te Purchasing Bureau V't'hen issued and a new coverage binder shall be submitted immediately to ensure no break in coverage. Page 12 SPB RFP Revised " 03I131'1015 45 SnitilyCarr G. COOPERATION WITH OTHER CONTRACTORS Accept Reject Reject & ProVide NOTESICOMMENTS: (Initial) (Initial) Alternative within R'P Response l1nl1lal1 ~ The State may already have in place or choose to award supplemental contracts for 'NOrk related to this Request for Proposal, or any portion thereof. 1. The State reserves the right to awa rd the contract jointly between t'NO Of more potential Contractors, if such an arrangement is in the best interest of the State. 2. The Contractor sha ll agree to cooperate with such other Contractors, and shall not commit or permit any act which may interfere v.;th the performance of INOrk by any other Contractor. H. INDEPENDENT CONTRACTO R Accept Reject Reject ProVide NOTESICOMMENTS: (Initial) (Initial) Alternative• within R'P Response . {Initial M1- It is agreed that nothing contained herein is intended or should be construed in any manner as creating or establishing the relationship of partners betv..oeen the parties hereto . The Contractor represents that it has, or \Nill secure at its 0.....,., expense, all personnel required to perform the services under the contract. The Contractor's employees and other persons engaged in work or services required by the contractor under the contract shall have no contractual relationship with the State; they shall not be considered employees of the State. All claims on behalf of any person arising out of employment or alleged employment (including without limit claims of discrimination aga inst the Contractor, its officers, or its agents) sha ll in no way be the responsibility of the State. The Contractor will hold the State harmless from any and all such claims. Such personnel or other persons shall not require nor be entitled to any compensation, rights, or benefits from the State including without limit, tenure rights , modical and hospital care, sick and vacation leave, severance pay, or retirement benefits. Page 13 SPBRFPRevised 0311312015 46 ...... Snitily Carr I. CONTRACTOR RESPONSIBILITY Accept ReJoct Reject & ProVide NOTESICOMMENTS: (In itial) (Initial) Alternative within RFP Response I (Initial) t1'11.. The Contractor is solely responsible for fulfilling the contract, with responsibitity for all services offered and products to be delive red as stated in the Request for Proposal, the Contractor's proposa l, and the re sulting contract. The Contractor shall be the sale point of contact regarding all contractual matters. If the Contractor intends to utilize any Sub-Contractors services, the Sub-Contractors leve l of effort, tasks, and time allocation must be clearly defined in the Contractor's proposal. The Contractor shall ag ree that it will not utilize any Sub-Contractors not specifically included in its proposal in the performance of the contract v-.1thout the prior written authorization of the State. Following execution of the contract, the Contractor shall proceed diligently with all services and sha ll perform such services with qua lified personnel in accordance with the contract. J. CONTRACTOR PERSONNEL Accept Reject Reject & Provide NOTESICOMMENTS: (Initial) (Inillal) Allemative wilhin I ~FP III Response Initial @ The Contractor warrants that all perso ns assigned to the project shall be employees of the Contractor or specified SutrContractors, and shall be fully qualified to perform the work required herein. Personnel employed by the Contractor to fulfill the terms of the contra ct shall remain under the sole direction and control of the Contractor. The Contractor shall include a similar provision in any contract with any Sub-Contractor selected to perform 'M>rk on the project. Personnel commitments made in the Contractor's proposal shall not be changed without the prior 'NI'itten approval of the State. Replacement of key personnel, if approved by the State, shall be with personnel of equal or greater ability and qualifications. The State reserves the right to require the Contractor to reassign or remove from the project any Contractor or Sub-Contractor omployee. In respect to its employees, the Contractor agrees to be re sponsible for the following: 1. any and all employment ta xes andlor other payroll withholding; 2. any and all vehicles used by the Contractor's employees, InclUding all insurance required by state law; 3. damages incurred by Contractor's employees vvithin the scope of their duties under the contract; Page 14 SPB RFP Revised: 03/13J2015 47 SnitilyCarr 4. maintaining 'lNOrkers' compensation and health insurance and submitting any reports on such insurance to the extent required by governing State law; and 5. determining the hours to be 'M:)rked and the duties to be performed by the Contractor's employees. K. STATE OF NEBRASKA PERSONNEL RECRUITMENT PROHIBITION Accept Reject Reject Provide NOTES/COMMENTS: IInltial) (Initial) Alternative• with in .,. Response I iinltlal Ml- The Contractor shall not, at any time. recruit or erfl)loy any State employee or agent who has 'MJrked on the Request for Proposal or project. or 'MlO had any influence on decisions affecting the Request for Proposal or project. L. CONFLICT OF INTEREST Accept Reject Reject Provide NOTES/COMMENTS: (In itial) (Initial) Altemative• within RFP Response I (Initial) M1- By submitting a proposal, bidder certifies that there does not now exist any relationship between the bidder and any person or entity which is or gives the appearance of a conflict of interest related to this Requost for Proposal or project. The bidder certifies that it shall not take any action or acquire any interest, either directly or indirectty, which 'NiU conflict in any manner or degree vvith the performance of its services hereunder or """ich creates an actual or appearance of conflict of interest. The bidder certifies that it will nol employ any individual knovvn by bidder to have a conflict of interest. M. PROPOSAL PREPARATION COSTS Accept Reject Reject & Provide NOTESICOMMENTS: (Initial) {Initial) Alternative within .,. Response Initial tJ\i The State shall not incur any liability for any costs incurred by bidders in replying to this Request for Proposal, in the demonstrations and/or ora l presentations, or in any other activity related to bidding on this Request for Proposal. Page 15 SPB RFP Revised' 0311312015 48 Snitily Carr N. ERRORS AND OMISSIONS Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (Initial) Alternative within OFP Response Initial) N\1- The bidder shall not take adva ntage of any errors and/or omissions in this Request for Proposal or resulting contract. The bidder must promptly notify the State of any errors and/or omissions that are discovered . O. BEGINNING OF WORK Accept Reject Reject & Provide NOTESICOMMENTS; (Initial) (Initial) Alternative within RFP III Response Initial .m} The bidder shaU not commence any billable work until a valid co ntract has been fully executed by the State and the successful Contractor. The Contractor will be notified in writing ....tIen work may begin. P. ASSIGNMENT BY THE STATE Accept Reject Reject & Provide NOTESICOMMENTS: (I n itial) (Initial) Alternative with in RFP Res!)Onse Initial) 1N0-' The State sha ll have the right to assign or transfer the contract or any of its interests herein to any agency, board, commission, or political subdivision of the State of Nebraska. There sha ll be no charge to the State for any assignment hereunder. Q. ASSIGNMENT BY THE CONTRACTOR Accept Reject Reject & Provide NOTESICOMMENTS: (I nitial) (Initial) Alternative within ~;P ~I) Res!)Onse I Initial ]V\} The Contractor may not assign, voluntarily or involuntarily, the contract or any of its rights or obligations hereunder (including without limitation rights and duties of performance) to any third party, without the prior lM"itten consent of the State, which will not be unreasonably withheld. Page 16 SP8 RFP Revised: 0311312015 49 SnitilyCarr R. DEVIATIONS FROM THE REQUEST FOR PROPOSAL Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (In itial) Alternative within RFP Response I (initial) ffi1- The requirements contained in th e Request for Proposal become a part of the terms and conditions of the contract resulting from this Req uest for Proposal. Any deviations from the Request for Proposal must be clea rly defined by the bidder in its proposal and, if accepted by the State, 'Ni l! become part of the co ntract. Any specifica lly defined deviations must not be in conflict with the basic nature of the Request for Proposa l, mandatory requirements, or applicable state or federal laws or statutes. "Deviation-, for the purposes of this RFP, means any proposed changes or alterations to either the contra ctual language or deliverables within the scope of this RFP. The State discourages deviations and reserves the right to reject proposed deviations. S. GOVERNING LAW Accept Reject Reject & Provide NOTES/COMMENTS: (I nitial) (Initial) Alternative within RFP Response ,initial N\'\- The contract shall be governed in all respects by the laws and statutes of the State of Nebraska. Any legal proceedings against the State of Nebraska regarding this Request for Proposal or any resultant contract shall be brought in the State of Nebra ska administrative or judicial forums as defined by State law. The Contractor must be in compliance 'Nith all Nebraska statutory and regulatory law. T. ATIORNEY'S FEES Accept Reject Reject & Provide NOTES/COMMENTS: (InltI31) (I nit ial) Alternative within RFP Response I iinltial M'l- In the event of any litigation, appeal, or other legal action to enforce any provision of the contract, the Contractor agrees to pay all expenses of such action, as permitted by law, including attorney's fees and costs, if the State is the prevailing party. Page 17 SPB RFP Revised: 0311312015 50 ...... SnitilyCarr U. ADVERTISING Accept Reject Reject & Provide NOTESJCOMMENTS: (Initial) (Initial) Alternative within RFP Response Initial M-'v The Contractor agrees not to refer to the contract alNard in advertising in such a manner as to state or imply that the company or its services are endorsed or preferred by the State. News releases pert aining to the project shall not be issued without prior written approval from the State. V. STATE PROPERTY Accept Reject Reject & Provide NOTESICOMMENTS: (Initial) (Initial) Altern ative within RFP Response I {Initial) M1' The Contractor sha ll be responsible for the proper care and custody of any Sta te,o'M'led property which is furnished for the Contractor' s use during the performance of the contract. The Contractor shall reimburse the State for any loss or damage of such property; normal 'Near and tear is expected. W. SITE RULES AND REGULATIONS Accept Reject Reject & ProVide NOTESICOMMENTS: (Initial) (Initial) Altematlve within ~IFP all Response I Initial NIt- The Contractor shall use its best efforts to ensure that its employees, agents, and Sub- Contractors comply with site ru les and regulations ¥Alile on State premises. If the Contractor must perform on-site work outside of the daily operational hours set forth by the State, it must make arrangements 'Nith the State to ensure access to the facility and the equipment has been arranged. No additional payment Vvill be made by the State on the basis of lack of access, unless the State fails to provide access as agreed to betvveen the State and the Contractor. Page 18 SPB RFP Revised 0311312015 5. SnitilyCarr X. NOTIFICATION Accept Reject Reject & Provide NOTESICOMMENTS: (Initial) (Initial) Alternative within .FP Response iinitial M{ During the bid process, all communication bet'-Neen the State and a bidder shall be between the bidder's representative clea rly noted in its proposa l and the buyer noted in Section II.A. Procuring Office and Contact Person, of this RFP. After the award of the contract, all notices under the contract shall be deemed duly given upon delivery to the staff designated as the point of contact for this Request for Proposal, in person, or upon delivery by U,S. Mail, facsimile, or e-mail. Each bidder should provide in its proposa l the name, title, and complete address of its designee to receive notices. 1. Except as otherwise expressly specified herein, all notices, requests, or other communications shall be in lM"iting and shall be deemed to have been given if delivered personally or mailed, by U.S. Mail, postage prepaid, retum receipt requested, to the parties at their respective addresses set forth above, or at such other addresses as may be specified in writing by either of the parties. AU notices, requests, or communications shall be deemed effective upon personal delivery or three (3) calendar days following deposit in the mail . 2. Whenever the Contractor encounters any difficulty which is delaying or threatens to delay its timely performance under the contract, the Contractor shall irrmediately give notice thereof in writing to the State reciting all relo va nt information with respect thereto. Such notice shall not in any my constitute a basis for an extension of the delivery schedule or be construed as a waiver by the State of any of its rights or remedies to W'hich it is entitled by law or equity or pursuant to the provisions of the contract. Failure to give such notice, howeve r, may be grounds for denial of any request for an extension of the delivery schedule because of such delay. Either party may cha nge its address for notification purpos~s by giving notice of the cha nge, and setting forth the new address and an effective date. For the duration of the contract, all communication betlNeen Co ntra ctor and the State regarding the contract shall take place between the Contractor end individuals specified by the State in writing. Communication about the co ntract be~ e n Contractor and individuals not designated as points of contact by the State is stricUy forbidden. Page 19 SPB RFP Revised. 03113/2015 52 SnitilyCarr y , EARLY TERMINATION Accept Reject Reject & ProVide NOTESICOMMENTS: (Initial) (Initial) Alternative with in RFP Response (Initial) M1-- The contract may be te rminated as follows: 1. The State and the Contractor, by mutual written agreement, may terminate the contract at any time. 2. The State, in its sole discretion, may terminate the contract fo r any reaso n upon thirty (30) cale ndar day's '#I'itten notice to the Contra ctor. Such terminati on shall not re lieve the Contractor of warra nty or other service obligatio ns incurred under the terms of the contract. In the event of termination the Contractor sha ll be entitled to payment, determined on a pro ra ta basis, for products or services satisfactorily performed or provided. 3. The State may terminate the contrad immediately for the 101l0""';ng reasons: a. If directed to do so by statute; b. Contracto r has made an assignment for the benefit of cred itors. has admitted in writing its inability to pay debts as they mature, or has ceased operating in the norma l course of bus iness; c. a trustee or receiver of the Contractor or of any substantial part of the Contractor's assets has been appointed by a court; d. fraud , misappropl'iation, embezzlement, malfeasance, misfeasance. or illegal conduct pert aining to performance under the contract by its Contractor. its employees, officers, directors. or shareholders: e. an involuntary proceeding has bee n commenced by any party against the Contractor under anyone of the chapters of Title 11 of the United States Code and (i) the proceeding has been pending for at least sixty (GO) ca lendar days; or (ii) the Contractor has co nse nted, either expressly or by operation of law, to the entry of an order for re lief; or (iii) the Contractor has been decreed or adjudged a debtor: f. a voluntary petition has been filed by the Contractor under any of the chapters of Title 11 of the United States Code; g. Contractor intentionally discloses confidential information: h. Contractor has or announces it""";l1 discontinue support of the deliverable; i. second or subsequent documented "vendor performance report" form deemed acceptable by the State Purchasing Bureau: or j. Contractor engaged in co llusion or actions ...... nich could have provided Contractor an unfair advantage in obtaining this contract. Page 20 SPB RFP Revised: 0311312015 53 ...... SnitilyCarr z. FUNDING OUT CLAUSE OR LOSS OF APPROPRIAllONS ACCGpt Reject Reject & ProVIde NOTES/COMMENTS: (Initial) (Initial) Alternative within Response .'PInitial) INrY The State may terminate the contract, in v.tIole Of in part, in the event funding is no longer available. The State's obligation to pay amounts due for fiscal years following the current fisca l year is contingent upon legislative appropri ation of funds for the contract. Should said funds not be appropriated, the State may terminate the contract with respect to those payments for the fisca l years for which such funds are not appropriated. The State will give the Co ntractor written notice thirty (30) calendar days prior to the effective date of any termination, and advise the Contractor of the location (address and room number) of any related equipment. All obligations of the State to make payments after the termination date will cease and all interest of the State in any related equipment will terminate. The Contractor shall be entitled to receive just and equitable compensation for any authorized work lAtIich has been satisfactorily completed as of the ternination date. In no event shall the Contractor be pa id for a loss of anticipated profit. AA. BREACH BY CONTRACTOR Accept Reject Reject & ProVide NOTESICOMMENTS: (Initial) (Initial) Alternative within ~FP all Response I Initial M1-- The State may terminate the contract, in v.tIole or in part, if the Contractor fails to perform its obligations under the contract in a timely and proper manner. The State may, by providing a written notice of default to the Contractor, allow the Contractor to cure a failure or breach of contract within a period of thirty (30) ca lendar days (or longer at State's discretion considering the gravity and nature of the default). Sa id notice shall be delivered by Certified Mail, RetUrn Receipt Requested, or in person with proof of delivery. Allowing tile Contractor time to cure a failure or breach of contract does not waive the State's right to immediately terminate the contract for the same or different contract breach which may occur at a different time . In case of default of the Contractor, the State may contract the service from other sources and hold the Contractor responsible for any excess cost occasioned thereby. Page 21 SPB RFP Revised' 0311312015 54 SnitilyCarr BB. ASSURANCES BEFORE BREACH Accept Rej ect Reject & Provide NOTESICOMMENTS: (Inltlal) (Initial) Alternative within .,. Response I i in itial rM- If any document or deliverable required pursuant to the contract does not fulfill the requirements of the Request for Proposa l/resulting contra ct, upon 'M'itten notice from Ihe Siale, the Contractor shall deli ver assurances in the form of additional Contractor reso urces at no additional cost to the project in ord er to complete the deliverable, and to ensure that other project sched ules""'; l1 not be adversely affected. ce. ADMINISTRATION - CONTRACTTERMINAnON Accept Reject Reject & Provide NOTESICOMMENT S: IInltlal) (Initial) Alternative within .,. Response I i initial M-\.- 1. Contractor must provide confirmation that upon contract termination all deliverables prepared in accordance with this agreemenl shall become the property of the State of Nebraska; subject to the ownership provision (section E) contained herein , and is provided to the State of Nebraska at no additional cost to the State. 2. Contractor must provide confirmation that in the event of contract termination. all record s that are the property of the State will be returned to the State within thirty (30) ca lendar days. Not...,.;thstanding the above, Contractor may retain one copy of any information as required to comply with applicable work product documentation standa rd s or as are automatica ll y retained in tho course of Contractor's routine back up procedures. DO. PENALTY Accept Reject Reject & Provide NOTESICOMMENTS: (Inillal) (Initial) Alternative withIn .,. Response Initial) M1- In the eve nt that the contractor fails to perform any substantial obligati on under the contract, the Slate may ...,.;thhold all monies due and paya ble to the contractor, without penalty, until such failure is cured or otherwise adjudica ted. Page 22 SPB RFP Revised: 0311312015 ss Snitily Carr EE. FORCE MAJ EURE Accept Reject Reject & Provide NOTESICOMMENTS: (Initial) (InitIal) Alternative wit hin RF P Response I (InItial) I\J\1., Neither party shall be liable for any costs or damages resulting from its inability to perform any of its obligations under the contract due to a natural disaster, or other similar event outside the control and not the fault of the affected pa rty ("Force Majeure Event"). A Fo rce Majeure Event shall not constitute a breach of the contract. The party so affected shall immediately give notice to the other pa rty of the Fo rce Majeure Eve nt. The State may grant relief from performance of the contract if the Co ntractor is prevented from performance by a Fo rce Majeure Event. The burd en of proof for the need for such relief shall rest upon the Contractor. To obtain release based on a Force Majeure Event, the Contracto r shall fi le a written request for such relief with th e State Purchasing Bureau. Labor disputes with the impacted party's own employees will not be considered a Force Majeure Event and wi ll not suspend performance require ments under the contract. FF. PROHIBITION AGAINST ADVANCE PAYMENT Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (Initial) Altematlve within RF P til Response Initial Mt Payments sha ll not be made until contractual de liverable(s) are rece ived and accepted by the State. GG. PAYM ENT Accept Reject Reject & Pro vide NOTES/COMMENTS: (I nitial) (Initial) Altemative within Response .'PInitial) ~ State will render payment to Co ntractor wnen the terms and co nditions of the contract and specifica tions have been satisfactori ly completed on the part of the Contractor as solely determined by the State. Payment '-Mil be made by the respo nsible agency in complia nce '-Mth the State of Nebraska Prompt Payment Act (See Neb. Rev. Stat. §8 1 ~240 1 through 81-2408). The State may req uire the Co ntractor to accept payment by electronic means such as ACH deposit. In no event sha ll the State be responsible or liable to pay for any services provided by the Contractor pri or to the Effective Date, and the Contractor hereby waives any claim or ca use of action for any such services. Page 23 SPB RFP Revised: 03/1312015 56 SnitilyCarr HH. INVOICES Accept Reject Reject & Provide NOTESICOMMENT5: (Initial) (Initial) Altematlve within ~tP all Response Initial iW\- Invoices for payments must be submitted by the Contractor to the agency requesting the services with sufficient detail to support payment. Contractor shall provide quarterly invoices/reports to OHHS, Organ and Tissue Donor Program, PO Box 95026, Lincoln, NE 68509-5026, no later than 30 days after the end of each qua rter in which work is completed. The terms and conditions included in the Contractor's invoice shall be deemed to be solely for the conve nience of the parties. No terms or conditions of any such invoice shall be binding upon the State , and no action by the State, including 'Nilhout limitation the payment of any such invoice in ...... nole or in part, sha ll be construed as binding or estopping the State with respect to any such term or conditio n, unless the invoice term or condition has been previously agreed to by the State as an amendment to the contract. II . RIGHT TO AUDIT Accept Reject Reject & ProVide NOTESICOMMENTS: (I nitIal) (Inlt l Contractor shall, at all times during the term of this contract and for a period of five (5) years after the completion of this contract, maintain such records, together with such supporting or underlying documents and materials. The Contractor shall at any time requested by the State, whether during or after completion of this contract and at Contractor's 0'M1 expense make such records available for inspection and audit (including copies and extracts of re cords as required) by the State. Such records sha ll be made available to the State during normal business hours at the Contractor's of rICe or place of business. In the event that no such location is available, then the financial records. together INith the supporting or underlying documents and records. shall be made available for audit at a time and location that is convenient for the State. Contractor shall ensure the State has these ri ghts with Contractor's Page 24 SPB RFP Revised: 0311312015 57 SnitilyCarr assigns, successors, and Sub-Contractors, and the obligations of these rights shall be explicitly included in any subcontracts or agreements formed between the Contractor and any Sub-Contractors to the extent that those sub-contracts or agreements re late to fulfillment of the Contractor's obligations to the State. Costs of any audits conducted under the authority of this right to audit and not addressed elsewhere ""; 11 be borne by the State unless certain exemption criteria are met. If the audit identifies overpricing or overcharges (of any nature) by the Contractor to the State in excess of one-half of one percent (.5%) of the total contract billings, the Contractor shall reimburse the State for the total costs of the audit. If the audit discovers substantive findings related to fraud, misrepresentation, or non-performance, the Contractor shal l reimburse the State for total costs of audit. Any adjustments andlor payments that must be made as a result of any such audit or inspection of the Contractor's invoices andlor records shall be made 'Nithin a reasonable amount of time (not to exceed 90 days) from presentation of the State's findings to Contractor. JJ. TAXES Accept Reject Reject & Provide NOTESICOMMENTS: (Initial) (Initial) Alternative within RFP Response irnitial tJ'rI.-- The State is not required to pay taxes of any kind and assumes no such liability as a result of this solicitation. Any property tax payable on the Contractor's equipment lM'lich may be installed in a state-o'Nl'led facility is the responsibility of the Contractor. KK. INSPECTlON AND APPROVAL Accept Reject Reject & Provide NOTESJCOMMENTS: (Initial) (InItial) Alternative within RFP Response Initial I NIt Final inspection and approval of all work required under the contract shall be performed by the designated State officials. The State andlor its authorized representatives shall have the right to enter any premises where the Co ntractor or Sub-Contractor duties under the contract are being performed, and to inspect, monitor or otherwise evaluate the work being performed. All inspections and evaluations shall be at reasonable times and in a manner that "";11 not unreasonably delay 'M)rk. Page 25 SPB RFP Revised. 03/13/2015 58 ...... Snitily Carr LL. CHANGES IN SCOPE/CHANGE ORDERS Accept RoJect Reject & Provide NOTESICOMMENTS: !Initial) (Initial) Alternative within .FP Response I iinltlal M1- The State may, upon the written agreement of Contractor, make changes to the contract INithin the general scope of the RFP. The State may, at any time work is in progress, by written agreement, make alterations in the terms of 'M)rk as shown in the specifications, require the Contractor to ma ke corrections, decrease the quantity of work, or make such other cha nges as the State may find necessary or desirable. The Contractor shall not claim forfeiture of contract by reasons of such changes by the State, Changes in work and the amount of compensation to be paid to the Contractor shall be determined in accordance with applicable unit prices if any, or a pro-rated value. Corrections of any deliverable, service or performance of work required pursuant to the contract shall not be deemed a modification. Cha nges or additions to the contract beyond the scope of the RFP are not permitted. MM. SEVERABILITY Accept Reject Reject & Provide NOTESICOMMENTS: (InItial) (Initial) Alternative within .FP Response I ilnltlal Mi If any term or condition of the contract is declared by a court of competent jurisdiction to be Illegal or in conflict vvith any law, the validity of the remaining terms and conditions shall not be affected, and the ri ghts and obligations of the parties shall be construed and enforced as if the contract did not contain the particular provision he ld to be inva lid. NN. CONFIDENTIALITY Accept Reject Reject & Provide NOTESICOMMENTS: (Initial) (In itial) Alternative within .FP Response Initial) hl All materials and information provided by the State or acquired by the Contractor on behalf of the Sta te sha ll be regarded as confidential information. All materials and information provided by the State or acquired by the Contractor on behalf of the State shall be handled in accordance INith federa l and state law, and ethical standards. The Co ntractor must ensure the confidentiality of such materials or information. Should said co nfidentiality be breached by a Contractor; Contractor shall notify the State irrmediately of sa id breach and take ilTVTlediate corrective action. Page 26 SPB RFP Revised 0311312015 59 SnitilyCarr It is incurrbent upon the Contra ctor to inform its officers and employees of the penalties for improper disclosure imposed by the Privacy Act of 1974, 5 U.S.C. 552a. Specifically, 5 U.S.C. 552a (i)(1), which is made applicable to Contractors by 5 U.S.C. 552a (m)(1), provides that any officer or employee of a Contractor, Vllho by virtu e of hislher employment or official position has possession of or access to agency reoord s ...... ich contain individually identifiable information, the disclosure of 'Nhich is prohibited by the Privacy Act or regulations established thereunder, and Vllho knowing that disclosure of the specific material is prohibited, ""';lIfully discloses the material in any manner to any person or agency not entitled to receive it . shall be guilty of a misdemeanor and fined not more than $5,000. 00. PROPRIETARY INFORMATION Accept Reject Reject & Provide NOTES/COMMENTS: ~Inltlal) (Initial) Alternative within RFP Response iinltiall Data oontained in the proposal and aU documentation provided therein , become the property of the State of Nebraska and the data beoomes public information upon opening the proposal. * If the bidder wishes to have any information ""';thheld from the public, such information must fall within the definition of proprietary information oontained ....,;thin Nebraska 's public record statutes. All proprietary information the bidder wishes the State to withhold must be submitted in a sealed package, which is separate from the remainder of the proposal, and provide supporting documents showing why such documents should be marked proprietary. The separate package must be dearly marked PROPRIETARY on the outside of the package. Bidders may not mark their entire Request for Proposal as proprietary, Bidder's Budget Proposals may not be marked as proprietary information. Faiture of the bidder to follow the instructions for submitting proprietary and copyrighted information may result in the information being viewed by other bidde rs and the public. Proprietary information is defined as trade secrets, academic and scie ntific research work which is in progress and unpublished, and other information which if released would give advantage to business competitors and serve no public purpose (see Neb. R(w. Stal. §84~7 12.05(3)) . In accordance with Atto rn ey Ge nera l Opin ions 92068 and 97033, bidders submitting information as proprietary may be required to prove specific, named competitor(s) who wollld be advantaged by release of the information and the specific advantage the competitor(s) 'M>uld rece ive. Although every effort will be made to withhold information that is properly submitted as proprietary and meets the State's definition of propri etary information. the State is under no obligation to maintain the confidentiality of proprietary information and accepts no liability for the release of such information. IMPORTANT NOTICE: Pursuant to Neb. Rev. Stat. §84-602.02, all State contracts in effect as of January 1, 2014 will be posted to a publ ic website beginning July 1, 2014. All information not specifica Uyexcluded by State LawWILL BE POSTED FOR PUBLIC V1 EWING. Page 27 SPB RFP Revised' 031131201 5 .0 ...... SnitilyCarr PP. CERTlFtCATlON OF INDEPENDENT PRICE DETERMINATION/COLLUSIVE BIDDING Accept Reject Reject ProVIde NOTESICOMMENTS: (Initial) (Inll lal) Alternative• within RFP Response Initial} Mi By submission of this proposal, the bidder certifies that it is the party making the foregoing proposal and that the proposal is not made In the interest of, or On behalf of, any undisclosed person, partnership, company, association, organization, or corporation: that the proposal is genuine and not co llusive or sham; that the bidder has not directly or indirectl y induced or so licited any other bidder to put in a false or sham proposal. and has not directly or indirectly co lluded, conspired, connived, or agreed with any bidder or anyone else 10 put in a sham proposal, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, com~nication, or conference with anyone to fix the proposal price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and further that the bidder has not, directly or indirectly, submiHed the proposal price or any breakdo\Ml thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal. QQ. STATEMENT OF NON-COLLUSION Accept Reject Reject Provide NOTESICOMMENTS: (Initial) (Inltiall Alternative• within RFP Response I (Initial) NY:\- The proposal shall be arrived at by tho bidder independently and be submiHed ""';thout collusion .,.,.;th, and without any direct or indirect agreement, understanding or planned common course of action v.;th, any person; firm; corporation ; bidder; Contractor of materials, supplies, equipment or services described in this RFP. Bidder shall not collude with, or attempt to collude with, any state officials, employees or agents; or eva luators or any person involved in this RFP. The bidder shall not take any action in the restraint of free competition or designed to limit independent bidding or to create an unfair advantage. Should it be determined that collusion occurred, the State reserves the right to reject a bid or terminate the contract and impose further administrative sa nctions. Page 28 SPB RFP Revised: 0311312015 61 SnitilyCarr RR. PRICES A.ccept Reject Reject & Provide NOTESICOMMENTS: (Initial) (Initial) Alternative within ~FP ~Il Response I Initial NY\.- All prices, costs, and terms and conditions outlined in the proposal sha ll remain fi xed and valid commencing on the opening date of the proposa l until an award is made (and for bidder receiving award, prices sha ll remain as bid for the duration of the contract unless otherwise so stated in the contract) or the Request for Proposal is cancelled. Contractor represents and wa rrants that all prices for services, now or subsequently specified, are as low as and no higher than prices which the Contractor has charged or intends to charge customers other than the State for the same or similar products and services of the same or equivalent quantity and quality for delivery or performance during the same periods of time. If, during the term of the contract, the Contractor shall reduce any andlor all prices charged to any customers other than the State for the same or similar products or services specified herein, the Contractor sha ll make an equa l or equivalent reduction in corresponding prices for said specified products or services. Contractor also represents and warrants that all prices set forth in the contract and all prices in addition, which the Contractor may charge under the terms of the contract, do not and will not violate any existing federal, state, or municipal law or regulations concerning price discrimination andior price fIX ing. Contractor agrees to hold the State harness from any such violation. Prices quoted shall not be subject to increase throughout the contract period unless specifically allo'Ned by these specifICations. SS. BEST AND FINAL OFFER Accept Reject Reject & Provide NOTES/COMMENTS: (I nitial) (Initial) Altematlve within 'FP Respo nse i lnitiall NIl-- The State will compile the final scores for all parts of each proposal. The award may be granted to the highest scoring responsive and responsible bidder. Alternatively, the highest scoring bidder or bidders may be requested to submit best and fina l offers. If best and final offers are requested by the State and submitted by the bidder, they Vlll il be evaluated (using the stated criteria), scored, and ranked by the Evaluation Committee. The award will then be granted to the highest scoring bidder. However, a bidder should provide its best offer in its original proposal. Bidders should not expect that tho State will request a best and final offer. Page 29 SPB RFP Rev ised: 031131201 5 62 SnitilyCarr TT. ETHICS IN PUBLIC CONTRACTING Accept Reject Reject & Provide NOTESICOMMENTS: (Initial) (Initial) Alternative within "FP Response I iinltlal fwi No bidder shall payor offer to pay, either directly or indirectly, any fee , corrmission compe nsation, gift. gratuity, or anything of value to any Sta le officer, legislator, employee or eva luator based on the understa ndi ng that the rece iving person's vote, actions, or judgment wi ll be influenced thereby. No bidder shall give any item of value to any employee of the State Purchasing Burea u or any evaluator. Bidders sha ll be prohibited from utilizing the services of lobbyists, attorneys, politica l activists, or consultants to secure the contract. It is the intent of this provision to assure that the prohibition of state contact during the procurement process is not subverted through the use of lobbyists, attorneys, political activists, or consultants. It is the intent of the State that the process of evaluation of proposals and award of the contract be completed without external influence. It is not the intent of this section to prohibit bidders from seeking professional advice, fOf example consulting legal counsel. regarding terms and conditions of this Request for Proposal or the format or co ntent of their proposal. If the bidder is found to be in non-compliance with this section of the Request for Proposal, they may forfeit the contract if a.....-arded to them or be disqualified from the selection process . UU. INDEMNIFICATION Accept Reject Reject & Provide NOTESICOMMENTS: (Initial) (Initial) Alternative within "FP Response Initial) M1- 1, GENERAL The Contractor agrees to defend, indemnify, hold , and save ha rmless the State and its employees, volunteers, agents, and its elected and appo inted officials ("the indemnified parties1 from and ag ainst any and all d aims, liens, demands, damages, liability, actions, causes of action, losses, judgments, costs, and expenses of every nature, including investigation costs and expenses, seHiement costs, and attorn ey fees and expenses ("the claims1, sustained or asserted aga inst the State , arising out of, resulting from, or attributa ble to the willful miscond uct, negligence, error, or omission of the Contractor, its employees, Sllb-Contractors, consultants, representatives, and agents, except to the extent such Contractor liability is attenuated by any action of the State which directly and proximately co ntributed to the claims. 2. INTELLECTUAL PROPERTY The Contra ctor agrees It 'Nill , at its sole cost and expe nse, defend, indemnify, and hold harmless the indemnified parties from and aga inst any and all cla ims, to the extent such claims arise out of, result from, or are attributable to, the actual or alleged Page 30 SPB RFP Revised 0311312015 63 SnitilyCarr infringement or misappropriation of any patent, copyright, trade secret, tradermrk, or confidential information of any third party by the Contractor or its employees, Sub- Contractors, consultants, representatives, and agents; provided, hO'Never. the State gives the Contractor prompt notice in 'Nriting of the claim. The Contractor rmy not settle any infringement claim that will affect the State's use of the Licensed Software 'Nithout the State's prior vvritten consent, which consent may be -withheld for any reason. If a judgment or settlement is obtained or reasonably anticipated against the State's use of any intellectual property for which the Contractor has indemnified the State. the Contractor shall, at the Contractor's sole cost and expense, promplly modify the item or items which were determined to be infringi ng, acquire a license or licenses on the State's behalf to provide the necessary rights to the State to eliminate the infringement, or provide the State with a non-infringing substitute that provides the State the same functionality. At the State's election, the actual or anticipated judgment t'T"ay be treated as a breach of warranty by the Co ntractor, and the State may receive the remedies provided under this RFP. 3, PERSONNEL The Contractor shall, at its expense, indemnify and hold ha rmless the indemnified parties from and against any claim with re spect to withholding taxes, INOrker's compensation, employee benefits, or any other claim, demand, liability, damage, or loss of any nature relating to any of the personnel provided by the Contractor. W . NEBRASKA TECHNO LOGY ACCESS STANDARDS Accept Reject Reject & ProVide NOTESICOMMENTS: (I nitial) (Initial) Alternative within I ~IFP ail Response Initial Mt Contractor sha ll review the Nebraska Technology Access Standards, found at http://nitc. nebraska.govlstandardsl2-201 .htmland ensure tha t products and/or services provided under the contract are in compliance or will comply with the applicable sta ndards. In the event such standards change during the Contractor's performance, the State may create an amendment to the contract to request the contra ct comply with the changed standard at a cost mutually acceptable to the parties. WW. ANTlTRUST Accept Reject Reject & ProVide NOTESICOMMENTS: (Initial) (In itial) Alternative within ~IFP al) Response Initial M-t The Co ntracto r hereby assigns to the State any and all claims for ove rcharges as to goods andlor services provided in connection with this contract resulting from antitrust violations which arise under antitrust laws of the United States and the antitrust laws of the State. Page31 SPB RFP Revised 03/1312015 64 ...... SnitilyCarr XX. DISASTER RECOVERY/BACK UP PLAN Accept Reject Reject & Provide NOTESICOMMENTS: (Initial) (Initial) Altemative within RFP Response I (Initial) IM1- The Contractor sha ll have a disaster recovery and back-up plan, of 'Nhich a copy should be provided to the State, lNhich includes, but is not limited to equipment, personnel, facilities, and transportation, in order to continue services as specified under the specifications in the contract in the event of a disaster. YV. TIME IS OF THE ESSENCE Accept Reject Reject & Provide NOTES/COMMENTS: (I nitial) (Initial) Alternative within ~FP all Response I Initial IM+ Time is of the essence in this contract. The acceptance of late performance with or without objection or reservation by the State shall not waive any rights of the State nor constitute a waiver of the requirement of timely performance of any obligations on the part of the Contractor remaining to be performed. ZZ. RECYCUNG Accept Reject Reject & ProVide NOTESJCOMMENTS: lln ltlal) lInitlal) Alternative within RFP Response iinitlal} JVti- Proforence will be given to items which are manufactured or produced from recycled material or v.tJich can be readily reused or recycled after their normal use as per Neb. Rev. Stat. §81- 15,159. Page 32 SPB RFP Revised: 0311312015 65 SnitilyCarr AAA. DRUG POLICY Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (In itial) Altern ative within ~IFP al) Response Initial N\'I.. Contractor certifies it maintains a drug free VJO rk place environment to ensure worker safety and workplace integrity. Contractor agrees to provide a copy of its drug free mrkplace policy at any time upon request by the Sta te. BBB. EMPLOYEE WORK ELIGIBil iTY STATUS Accept Reject Reject & Provide NOTESICOMMENTS; (In itial) (I nitial) Alternative within ~IFP III Response Initial M1- The Contractor is required and hereby agrees to use a federal immigration verification system to determine the 'M)rk eligibility status of employees physica lly performing services wi thin the State of Nebraska. A federal immigration ve rification system means the electronic verification of the work authorization program authorized by the Illegal Immigratio n Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a. known as the E-Verify Program, or an equivalent federa l pl'og ram designated by the United States Department of Homeland Security or other federal agency authorized to verity the Wlrk eligibility status of an erll>loyee. If the Contractor is an individual or sole proprietorship. the foliovving applies: 1. The Contractor must complete the United States Citize nship Attestation Form, available on the Department of Admi nistrative Services 'Mlbsite at hUp:Udas. nebraska·goY/rrpterjeVpyrchasjna,htm! The completed United States Attestation Form should be submitted with the Request for Proposal response. 2. If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the US Citizenship and Imrrigration Services documentation required to verify the Contractor's la\Nful presence in the United States using the Systematic Alien Verification for Entitlements (SAVE) Program. 3. The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqua lified or the contract terminated if such lalNful presence cannot be verified as required by Neb. Rev. Stat. §4-108. Page 33 SPB RFP Revised: 0311312015 66 ...... Snitily Carr eee. CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND INELIGIBILITY Accept Reject Reject & Provide NOTES/COMMENTS: (In itial) (Initial) Altern ative within .FP Response Initial! Mt The Contractor, by signature to this RFP, certifies that the Contractor is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any federal department or agency from participating in transactions (debarred). The Contractor also agrees to include the above requ irements in any and all sub-contracts into which it enters. The Contractor shall immediately notify the Department if, during the term of this contract, Contractor becomes debarred. The Department may immediately terminate this contract by providing Contractor written notice if Contractor becomes debarred during the term of this contract. Contractor, by signature to this RFP, certifies that Contractor has not had a contract with the State of Nebraska terminated ea rly by the State of Nebraska. If Co ntra cto r has had a contract terminated early by the State of Nebraska , Contractor must provide the contract number, along with an explanation of why the co ntract was terminated early. Prior earl y termination may be ca use for rejecting the proposal. 000. POLITICAL S UB ~ O I V I S I ONS Accept Reject Reject & Provide NOTESICOMMENTS: (Initial) (I nitial) Alternative within .FP Response Initial) .M-Y The Contractor may extend the contract to political sub-divisions conditioned upon the honoring of the prices charged to the State. Terms and conditions of the Contract must be met by politica l sub-divisions. Under no circumstances shall the State be contractually obligated or liable for any purchases by po litica l sub·divisions or other public entities not authorized by Neb. Rev. Stat. §81 ~ 1 45, listed as "a ll officers of the state, departments, bureaus. boards, commissions, councils, and institutions receiving legislative appropri ations." A listing of Nebraska political subdivisions may be found at the website of the Nebraska Auditor of Public Accounts. Page 34 SPB RFP Revised: 0311312015 67 SnitilyCarr EEE. OFFICE OF PUBLIC COUNSEL Accept Reject Reject & Provide NOTESICOMMENTS: (Initial) (Initial) Alternative within RFP Response Initial} f'/'r}' If it provides, under the terms of this contract and on behalf of the State of Nebraska, health and hu ma n services to individuals; service delivery; service coordination: or case management, Contractor shaH submit to the jurisdiction of the Office of Public Counsel, pursuant to Neb. Rev. Stal. §§ 81-8,240 et seq. This section sha ll survive the termination of this contract and shall not apply if Contractor is a long-term care facility subject to the Long- Term Care Ombudsman Act, Ne b. Rev. Stat. §§ 81-2237 et seq. FFF. LONG-TERM CARE OMBUDSMAN Accept Reject Reject Provide NOTESICOMMENTS: (I nitial) (Initial) Alternative• within RFP Response i initiall M1 If it is a long-term care facility subject to the Long-Term Care Ombudsman Act, Neb. Rev. Stat. §§ 81-2237 et seq., Contractor shall comply with the Act. This section shall survive the termination of this contract. GGG. LICENSE/SERVICE OR OTHER AGREEMENTS Accept Reject Reject Pro vide NOTESICOMMENTS; (Initial) (Initial) Alternative• within RFP Response . ilnltlal Mt Any License/Service or other such agreements which the bidder may want the State to consider must be submitted ...vith the bid. Any License/Service or other such agreements submitted to the State post bid opening may re sult in the bid being rejected in its entirety. Any such agreement, if agreed to by the State, will be considered an addendum to the contract. Any terms and conditions contained in any such accepted agreement (addendum) must not conflict with or alter the State's Terms and Conditions (Terms and Conditions) as contained in the RFP and finalized in the contract. In the event of any conflict between the Terms and Conditions and any addendum the Terms and Conditions will prevail. The State reserves the right to reject any submitted addendum and considers the submission of any such addendum to be a proposed alteration of the Terms and Conditions. This clause does not apply to any third party license or service agreements. Page 35 SPB RFP Revised: 0311312015 68 ...... Snitily Carr Appendix E: Evidence of Insurance Coverage Cli ent' : 33807 SNITI ACORD." CERTIFICATE OF LIABILITY INSURANCE CERTIFICATE DOES NOT AFFtRMATIVE l v OR NEGATIVELY AMEND, EXTEND OR AL TEA I BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERiSj." AUTHORIZED REPRESENTATIVe • AND THE CERTifiCATE HOLDER. In '" " Snltil y Cerr, Inc. 300 S. 68th Street Piece Lincoln , NE 66510 TO WHICI' THIS ALL THE TERMS. , , I RFP 14958Z1 . of Subrogation on the Workers Compensation In favor 01 the State 01 Nebraska. I Tho st.,., 01 Nebra ska, Certificate Holder, is an additional Insured, primary and noncontributory on the I liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Stale 01 Nebraska AdminIstrator THE EXPIIlATlON DATE THEREOF, NOTICE WILL BE OEUVERED IN ServIces Purcha sing Bureau ACCORDANCE WITH THE POLICY PROVISIONS. 1526 K Street, Sulle 130 lincoln, NE 68508 AUTHORlZED IIEPfIESENT~ lIVE o t 988·2010 ACORO CORPORATION. All rl9hts reserved. ACORD 25 {201IW05) 1 of 1 Th e ACORD Allml! and logo ere registered marks 01 ACORD 'S644019~627445 SLL 69 SnitilyCarr Byron L. Diamond Director Pete Ricketts, Governor ADDENDUM TWO REVISED SCHEDULE OF EVENTS Date: June 12, 2015 To: All Bidders From: Teresa Fleming/Michelle Thompson, Buyers AS Materiel State Purchasing Bureau RE: Addendum for Request for Proposal Number 4958Z1 A. SCHEDULE OF EVENTS The State expects to adhere to the tentativeprocurement schedule shown below. It should be noted, however, that some dates are approximate and subject to change. 7. “Oral Interviews/Presentations and/or Demonstrations” June 16, 2015 – June 18, 2015 Post “Letter of Intent to Contract” to Internet at: and/or 8. http://das.nebraska.gov/materiel/purchasing.html TBD Contract finalization period 9. TBD Contract award 10. TBD Contractor start date 11. August 01, 2015 This addendum will become part of the Proposaland should be acknowledged with the Request for Proposal. Materiel Division Bo Botelho, Administrator Administrative Services 1526 K Street, Suite 130 Lincoln, Nebraska 68508 Phone: 402-471-6500 Fax: 402-471-2089 Byron L. Diamond Director Acting Director Pete Ricketts, Governor ADDENDUM ONE QUESTIONS and ANSWERS Date: April 29, 2015 To: All Bidders From: Teresa Fleming/Michelle Thompson, Buyers AS Materiel State Purchasing Bureau RE: Addendum for Request for Proposal Number 4958 Z1 to be opened May 15, 2015 at 2:00 p.m. Central Time Questions and Answers Following are the questions submitted and answers provided for the above mentioned Request for Proposal. The questions and answers are to be considered as part of the Request for Proposal. It is the Bidder’s responsibility to check the State Purchasing Bureau website for all addenda or amendments. QUESTIONS ANSWERS 1. Section IV – B, Page 36 DHHS does not have specific and Does DHHS have specific and measurable goals at this time. The bidder’s measurable goals for raising awareness technical response should indicate how to of benefits of organ and tissue provide statewide education and public donation? awareness on the need for organ and tissue donation. 2. Section IV – B, Page 36 Basic information is available on the Donate Is there baseline data or research Life Nebraska website: available regarding Nebraskan’s current http://donatelifenebraska.com/understanding- awareness and/or attitudes regarding donation/statistics organ and tissue donation? 3. Section IV – B, Page 36 A sampling of educational and promotional What types of educational and tactics that have been utilized in the past can promotional tactics has DHHS utilized in be viewed at: the past? Are there examples available http://dhhs.ne.gov/publichealth/documents/O to view? TDSampleAds.pdf 4. Section IV – B, Page 36 Nebraska residents. What is the target audience(s) for the campaign? Materiel Division Bo Botelho, Administrator Administrative Services 1526 K Street, Suite 130 Lincoln, Nebraska 68508 Phone: 402-471-6500 Fax: 402-471-2089 Byron L. Diamond Director Acting Director Pete Ricketts, Governor QUESTIONS ANSWERS 5. Section IV – A, Page 36 Refer to Section IV, A. Project Overview on Is there information available about the page 36 of the RFP. history of the Nebraska Organ and Tissue donor program/fund? 6. Section IV – A, Page 36 Nebraskans can visit Is there a website where Nebraskan’s www.donatelifenebraska.com for more can get information on the Organ and information on organ and tissue donation in Tissue donor program? the state of Nebraska. DHHS does not maintain a website at this time. 7. Section II. D. Communication with Staff Yes, there will be a single point of contact and Evaluators, Page 2 once the contract is signed. Will there be a single point of contact who will have final decision-making authority with regard to approvals? 8. Section II. C. Customer Service, Page 2 The current contract is expiring on June 30, If any, what difficulties and/or 2015. Refer to Nebraska Statutes 73-504 frustrations have you had in the past Competitive Bid Requirements and 73-506 that you are hoping to resolve through State Agency Contracts for Services; selecting a new partner? Requirements. 9. Section IV. A. Project Overview Page 36 Spanish is anticipated, however, other Besides English, what additional languages may also be deemed necessary in languages are you anticipating? the future. 10. Section IV. B. Scope of Work; #1, Page An increase in the number of Nebraskans 36 who have signed up to be an organ or tissue What are your ideal outcomes? What donor is the desired result of this contract. does success look like to you? 11. Section IV. B. Scope of Work; #1, Page Refer to the response for Question 3. 36 Can you provide examples of any supplemental materials that have been previously produced? 12. Section IV. A. Project Overview, Page Unknown at this time. Bidders should provide 36 the best solution to the requirements of this Are there specific geographic sections RFP. (counties or cities) that will need greater emphasis or have great priority than others? Page 2 Byron L. Diamond Director Acting Director Pete Ricketts, Governor QUESTIONS ANSWERS 13. Section IV. D. Campaign Requirements, There are no social media channels Page 37 established in the current contract. Do you currently have any social media communication channels established? Yes, social media channels may be If so, what are they? If not, are you considered as part of the RFP response. open to using social media as part of a larger communication strategy? 14. Section V. 2. Corporate Overview; a. The current contract is available at the Bidder Identification, Page 38 following link: 50471(O4) Is there an incumbent agency? This addendum will become part of the proposal and should be acknowledged with the Request for Proposal. Page 3 RETURN TO: State of Nebraska (State Purchasing Bureau) State Purchasing Bureau 1526 K Street, Suite 130 REQUEST FOR PROPOSAL FOR Lincoln, Nebraska 68508 Phone: 402-471-6500 CONTRACTUAL SERVICES FORM Fax: 402-471-2089 SOLICITATION NUMBER RELEASE DATE RFP 4958Z1 April 03, 2015 OPENING DATE AND TIME PROCUREMENT CONTACT Teresa Fleming/ May 15, 2015 2:00 p.m. Central Time Michelle Thompson This form is part of the specification package and must be signed in ink and returned, along with proposal documents, by the opening date and time specified. PLEASE READ CAREFULLY! SCOPE OF SERVICE The State of Nebraska, Administrative Services (AS), Materiel Division, State Purchasing Bureau, is issuing this Request for Proposal, RFP Number 4958Z1 for the purpose of selecting a qualified contractor to provide statewide education and public awareness on the need for organ and tissue donation. Written questions are due no later than April 17, 2015, and should be submitted via e-mail to [email protected] Written questions may also be sent by facsimile to (402) 471- 2089. Bidder should submit one (1) original of the entire proposal. Proposals must be submitted by the proposal due date and time. PROPOSALS MUST MEET THE REQUIREMENTS OUTLINED IN THIS REQUEST FOR PROPOSAL TO BE CONSIDERED VALID. PROPOSALS WILL BE REJECTED IF NOT IN COMPLIANCE WITH THESE REQUIREMENTS. 1. Sealed proposals must be received in State Purchasing Bureau by the date and time of proposal opening per the schedule of events. No late proposals will be accepted. No electronic, e-mail, fax, voice, or telephone proposals will be accepted. 2. This form “REQUEST FOR PROPOSAL FOR CONTRACTUAL SERVICES” MUST be manually signed, in ink, and returned by the proposal opening date and time along with bidder’s proposal and any other requirements as specified in the Request for Proposal in order for a bidder’s proposal to be evaluated. 3. It is the responsibility of the bidder to check the website for all information relevant to this solicitation to include addenda and/or amendments issued prior to the opening date. Website address is as follows: http://das.nebraska.gov/materiel/purchasing.html 4. It is understood by the parties that in the State of Nebraska’s opinion, any limitation on the Contractor’s liability is unconstitutional under the Nebraska State Constitution, Article XIII, Section 3, and that any limitation of liability shall not be binding on the State of Nebraska despite inclusion of such language in documents supplied with the Contractor’s bid or in the final contract. IMPORTANT NOTICE: Pursuant to Neb. Rev. Stat. §84-602.02, all State contracts in effect as of January 1, 2014 will be posted to a public website beginning July 1, 2014. All information not specifically excluded by State Law WILL BE POSTED FOR PUBLIC VIEWING. Contractor hereby grants permission to the State of Nebraska and/or its agencies to reprint or republish any and all copyrighted documents related to Contractor’s response to this Request for Proposal, and any and all figures, illustrations, photographs, charts, and other supplementary material on a website accessible by the public pursuant to Neb. Rev. Stat. §84-602.02. This waiver does not apply to proprietary information properly submitted in a separate sealed, package clearly marked “Proprietary.” Contractor represents and warrants that the contents of this response to Request for Proposal and all figures, illustrations, photographs, charts, and other supplementary material herein are original and do not libel anyone or infringe upon any patent, copyright, proprietary right, or any other right whatsoever of any other party. Contractor represents and warrants that Contractor has full power and authority to execute this Copyright Release and to grant the State of Nebraska and/or its agencies the right granted herein. Contractor agrees to indemnify, defend, and hold harmless the State of Nebraska and/or its agencies against any and all claims, suits, and/or judgments, including costs, expenses, damages, and reasonable legal fees based upon and arising from Contractor’s violation of the rights of others and/or by reason of a breach of any of the foregoing warranties. BIDDER MUST COMPLETEii THE FOLLOWING By signing this Request for Proposal for Contractual Services form, the bidder guarantees compliance with the provisions stated in this Request for Proposal, agrees to the terms and conditions unless otherwise agreed to (see Section III) and certifies that bidder maintains a drug free work place environment. Per Nebraska’s Transparency in Government Procurement Act, Neb. Rev Stat §73-603 DAS is required to collect statistical information regarding the number of contracts awarded to Nebraska Contractors. This information is for statistical purposes only and will not be considered for contract award purposes. _____ NEBRASKA CONTRACTOR AFFIDAVIT: Bidder hereby attests that bidder is a Nebraska Contractor. “Nebraska Contractor” shall mean any bidder who has maintained a bona fide place of business and at least one employee within this state for at least the six (6) months immediately preceding the posting date of this RFP. _____ I hereby certify that I am a Resident disabled veteran or business located in a designated enterprise zone in accordance with Neb. Rev. Stat. §73-107 and wish to have preference, if applicable, considered in the award of this contract. FIRM: COMPLETE ADDRESS: TELEPHONE NUMBER: FAX NUMBER: SIGNATURE: DATE: TYPED NAME & TITLE OF SIGNER: TABLE OF CONTENTS REQUEST FOR PROPOSAL FOR CONTRACTUAL SERVICES FORM ...... i TABLE OF CONTENTS ...... iii GLOSSARY OF TERMS ...... vi I. SCOPE OF THE REQUEST FOR PROPOSAL ...... 1 A. SCHEDULE OF EVENTS ...... 1 II. PROCUREMENT PROCEDURES ...... 2 A. PROCURING OFFICE AND CONTACT PERSON ...... 2 B. GENERAL INFORMATION ...... 2 C. CUSTOMER SERVICE ...... 2 D. COMMUNICATION WITH STATE STAFF AND EVALUATORS ...... 2 E. WRITTEN QUESTIONS AND ANSWERS ...... 3 F. ORAL INTERVIEWS/PRESENTATIONS AND/OR DEMONSTRATIONS ...... 3 G. SUBMISSION OF PROPOSALS ...... 4 H. PROPOSAL OPENING ...... 4 I. LATE PROPOSALS ...... 5 J. REJECTION OF PROPOSALS ...... 5 K. EVALUATION OF PROPOSALS ...... 5 L. EVALUATION COMMITTEE ...... 6 M. MANDATORY REQUIREMENTS ...... 6 N. REFERENCE CHECKS ...... 7 O. SECRETARY OF STATE/TAX COMMISSIONER REGISTRATION REQUIREMENTS ...... 7 P. VIOLATION OF TERMS AND CONDITIONS ...... 7 III. TERMS AND CONDITIONS ...... 8 A. GENERAL ...... 8 B. AWARD ...... 9 C. COMPLIANCE WITH CIVIL RIGHTS LAWS AND EQUAL OPPORTUNITY EMPLOYMENT / NONDISCRIMINATION ...... 9 D. PERMITS, REGULATIONS, LAWS ...... 10 E. OWNERSHIP OF INFORMATION AND DATA ...... 10 F. INSURANCE REQUIREMENTS ...... 10 G. COOPERATION WITH OTHER CONTRACTORS ...... 13 H. INDEPENDENT CONTRACTOR ...... 13 I. CONTRACTOR RESPONSIBILITY ...... 14 J. CONTRACTOR PERSONNEL ...... 14 K. STATE OF NEBRASKA PERSONNEL RECRUITMENT PROHIBITION ...... 15 L. CONFLICT OF INTEREST ...... 15 M. PROPOSAL PREPARATION COSTS ...... 15 N. ERRORS AND OMISSIONS ...... 16 O. BEGINNING OF WORK ...... 16 P. ASSIGNMENT BY THE STATE ...... 16 Q. ASSIGNMENT BY THE CONTRACTOR ...... 16 R. DEVIATIONS FROM THE REQUEST FOR PROPOSAL ...... 17 S. GOVERNING LAW ...... 17 iii SPB RFP Revised: 03/013/2015 T. ATTORNEY'S FEES ...... 17 U. ADVERTISING ...... 18 V. STATE PROPERTY ...... 18 W. SITE RULES AND REGULATIONS ...... 18 X. NOTIFICATION ...... 19 Y. EARLY TERMINATION ...... 20 Z. FUNDING OUT CLAUSE OR LOSS OF APPROPRIATIONS ...... 21 AA. BREACH BY CONTRACTOR ...... 21 BB. ASSURANCES BEFORE BREACH ...... 22 CC. ADMINISTRATION – CONTRACT TERMINATION ...... 22 DD. PENALTY ...... 22 EE. FORCE MAJEURE ...... 23 FF. PROHIBITION AGAINST ADVANCE PAYMENT ...... 23 GG. PAYMENT ...... 23 HH. INVOICES ...... 24 II. RIGHT TO AUDIT...... 24 JJ. TAXES ...... 25 KK. INSPECTION AND APPROVAL ...... 25 LL. CHANGES IN SCOPE/CHANGE ORDERS ...... 26 MM. SEVERABILITY ...... 26 NN. CONFIDENTIALITY ...... 26 OO. PROPRIETARY INFORMATION ...... 27 PP. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION/COLLUSIVE BIDDING ...... 28 QQ. STATEMENT OF NON-COLLUSION ...... 28 RR. PRICES ...... 29 SS. BEST AND FINAL OFFER ...... 29 TT. ETHICS IN PUBLIC CONTRACTING ...... 30 UU. INDEMNIFICATION ...... 30 VV. NEBRASKA TECHNOLOGY ACCESS STANDARDS ...... 31 WW. ANTITRUST ...... 31 XX. DISASTER RECOVERY/BACK UP PLAN ...... 32 YY. TIME IS OF THE ESSENCE ...... 32 ZZ. RECYCLING ...... 32 AAA. DRUG POLICY ...... 33 BBB. EMPLOYEE WORK ELIGIBILITY STATUS ...... 33 CCC. CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND INELIGIBILITY ...... 34 DDD. POLITICAL SUB-DIVISIONS ...... 34 EEE. OFFICE OF PUBLIC COUNSEL ...... 35 FFF. LONG-TERM CARE OMBUDSMAN ...... 35 GGG. LICENSE/SERVICE OR OTHER AGREEMENTS ...... 35 IV. PROJECT DESCRIPTION AND SCOPE OF WORK ...... 36 A. PROJECT OVERVIEW ...... 36 B. SCOPE OF WORK ...... 36 C. SUMMARY OF PROJECT ...... 37 D. CAMPAIGN REQUIREMENTS ...... 37 V. PROPOSAL INSTRUCTIONS ...... 38 A. TECHNICAL PROPOSAL SUBMISSION ...... 38 iv SPB RFP Revised: 03/013/2015 B. BUDGET PROPOSAL REQUIREMENTS ...... 42 C. PAYMENT SCHEDULE ...... 42 Form A Bidder Contact Sheet ...... 43 v SPB RFP Revised: 03/013/2015 GLOSSARY OF TERMS Acceptance Test Procedure: Benchmarks and other performance criteria, developed by the State of Nebraska or other sources of testing standards, for measuring the effectiveness of products or services and the means used for testing such performance. Addendum: Something to be added or deleted to an existing document; a supplement. Agency: Any state agency, board, or commission other than the University of Nebraska, the Nebraska State colleges, the courts, the Legislature, or any other office or agency established by the Constitution of Nebraska. Agent/Representative: A person authorized to act on behalf of another. Amend: To alter or change by adding, subtracting, or substituting. Amendment: A written correction or alteration to a document. Appropriation: Legislative authorization to expend public funds for a specific purpose. Money set apart for a specific use. ARO: After Receipt of Order Award: All purchases, leases, or contracts which are based on competitive proposals will be awarded according to the provisions in the Request for Proposal. The State reserves the right to reject any or all proposals, wholly or in part, or to award to multiple bidders in whole or in part. The State reserves the right to waive any deviations or errors that are not material, do not invalidate the legitimacy of the proposal, and do not improve the bidder’s competitive position. All awards will be made in a manner deemed in the best interest of the State. Best and Final Offer (BAFO): In a competitive bid, the final offer submitted which contains the bidder’s (vendor’s) most favorable terms for price. Bid/Proposal: The offer submitted by a vendor in a response to written solicitation. Bid Bond: An insurance agreement, accompanied by a monetary commitment, by which a third party (the surety) accepts liability and guarantees that the vendor will not withdraw the bid. Bidder: A vendor who submits an offer bid in response to a written solicitation. Business: Any corporation, partnership, individual, sole proprietorship, joint-stock company, joint venture, or any other private legal entity. Business Day: Any weekday, except State-recognized holidays. Calendar Day: Every day shown on the calendar including Saturdays, Sundays, and State/Federal holidays. Cancellation: To call off or revoke a purchase order without expectation of conducting or performing it at a later time. Collusion: An agreement or cooperation between two or more persons or entities to accomplish a fraudulent, deceitful, or unlawful purpose. vi SPB RFP Revised: 03/13/2015 Commodities: Any equipment, material, supply or goods; anything movable or tangible that is provided or sold. Commodities Description: Detailed descriptions of the items to be purchased; may include information necessary to obtain the desired quality, type, color, size, shape, or special characteristics necessary to perform the work intended to produce the desired results. Competition: The effort or action of two or more commercial interests to obtain the same business from third parties. Confidential Information: Unless otherwise defined below, “Confidential Information” shall also mean proprietary trade secrets, academic and scientific research work which is in progress and unpublished, and other information which if released would give advantage to business competitors and serve no public purpose (see Neb. Rev. Stat. §84-712.05(3)). In accordance with Nebraska Attorney General Opinions 92068 and 97033, proof that information is proprietary requires identification of specific, named competitor(s) who would be advantaged by release of the information and the specific advantage the competitor(s) would receive. Contract: An agreement between two or more parties creating obligations that are enforceable or otherwise recognizable at law; the writing that sets forth such an agreement. Contract Administration: The management of the contract which includes and is not limited to; contract signing, contract amendments and any necessary legal actions. Contract Management: The management of day to day activities at the agency which includes and is not limited to ensuring deliverables are received, specifications are met, handling meetings and making payments to the Contractor. Contract Period: The duration of the contract. Contractor: Any individual or entity having a contract to furnish commodities or services. Cooperative Purchasing: The combining of requirements of two or more political entities to obtain advantages of volume purchases, reduction in administrative expenses or other public benefits. Copyright: A property right in an original work of authorship fixed in any tangible medium of expression, giving the holder the exclusive right to reproduce, adapt and distribute the work. CPU: Any computer or computer system that is used by the State to store, process, or retrieve data or perform other functions using Operating Systems and applications software. Critical Program Error: Any Program Error, whether or not known to the State, which prohibits or significantly impairs use of the Licensed Software as set forth in the documentation and intended in the contract. Customer Service: The process of ensuring customer satisfaction by providing assistance and advice on those products or services provided by the Contractor. Default: The omission or failure to perform a contractual duty. Deviation: Any proposed change(s) or alteration(s) to either the terms and conditions or deliverables within the scope of the written solicitation or contract. vii SPB RFP Revised: 03/13/2015 DHHS: Nebraska Department of Health and Human Services. Evaluation: The process of examining an offer after opening to determine the vendor’s responsibility, responsiveness to requirements, and to ascertain other characteristics of the offer that relate to determination of the successful award. Evaluation Committee: Committee(s) appointed by the requesting agency that advises and assists the procuring office in the evaluation of bids/proposals (offers made in response to written solicitations). Extension: Continuance of a contract for a specified duration upon the agreement of the parties beyond the original Contract Period. Not to be confused with “Renewal Period”. Free on Board (F.O.B.) Destination: The delivery charges are included in the quoted price and prepaid by the vendor. Vendor is responsible for all claims associated with damages during delivery of product. Free on Board (F.O.B.) Point of Origin: The delivery charges are not included in the quoted price and are the responsibility of the agency. Agency is responsible for all claims associated with damages during delivery of product. Foreign Corporation: A foreign corporation that was organized and chartered under the laws of another state, government, or country. Installation Date: The date when the procedures described in “Installation by Contractor“, and “Installation by State”, as found in the RFP, ITB (written solicitation) or contract are completed. Late Bid/Proposal: An offer received after the Opening Date and Time. Licensed Software Documentation: The user manuals and any other materials in any form or medium customarily provided by the Contractor to the users of the Licensed Software which will provide the State with sufficient information to operate, diagnose, and maintain the Licensed Software properly, safely, and efficiently. Mandatory/Must: Required, compulsory, or obligatory. May: Discretionary, permitted; used to express possibility. Module (see System): A collection of routines and data structures that perform a specific function of software. Must: See Shall/Will/Must. National Institute for Governmental Purchasing (NIGP): National Institute of Governmental Purchasing – Source used for assignment of universal commodity codes to goods and services. Open Market Purchase: Authorization may be given to an agency to purchase items above direct purchase authority due to the unique nature, price, quantity, location of the using agency, or time limitations by the AS Materiel Division, State Purchasing Bureau. Opening Date and Time: Specified date and time for the public opening of received, labeled, and sealed formal proposals. viii SPB RFP Revised: 03/13/2015 Operating System: The control program in a computer that provides the interface to the computer hardware and peripheral devices, and the usage and allocation of memory resources, processor resources, input/output resources, and security resources. Outsourcing: The contracting out of a business process which an organization may have previously performed internally or has a new need for, to an independent organization from which the process is purchased back. Payroll & Financial Center (PFC): Electronic procurement system of record. Performance Bond: An insurance agreement, accompanied by a monetary commitment, by which a third party (the surety) accepts liability and guarantees that the Contractor fulfills any and all obligations under the contract. Platform: A specific hardware and Operating System combination that is different from other hardware and Operating System combinations to the extent that a different version of the Licensed Software product is required to execute properly in the environment established by such hardware and Operating System combination. Pre-Bid/Pre-Proposal Conference: A meeting scheduled for the purpose of clarifying a written solicitation and related expectations. Product: Something that is distributed commercially for use or consumption and that is usually (1) tangible personal property, (2) the result of fabrication or processing, and (3) an item that has passed through a chain of commercial distribution before ultimate use or consumption. Program Error: Code in Licensed Software which produces unintended results or actions, or which produces results or actions other than those described in the specifications. A program error includes, without limitation, any Critical Program Error. Program Set: The group of programs and products, including the Licensed Software specified in the RFP, plus any additional programs and products licensed by the State under the contract for use by the State. Project: The total scheme, program, or method worked out for the accomplishment of an objective, including all documentation, commodities, and services to be provided under the contract. Proposal: See Bid/Proposal. Proprietary Information: Proprietary information is defined as trade secrets, academic and scientific research work which is in progress and unpublished, and other information which if released would give advantage to business competitors and serve no public purpose (see Neb. Rev. Stat. §84- 712.05(3)). In accordance with Attorney General Opinions 92068 and 97033, proof that information is proprietary requires identification of specific, named competitor(s) who would be advantaged by release of the information and the specific advantage the competitor(s) would receive. Protest/Grievance: A complaint about a governmental action or decision related to an Invitation to Bid or resultant contract, brought by a vendor who has timely submitted a bid response in connection with the award in question, to AS Materiel Division or another designated agency with the intention of achieving a remedial result. Public Proposal Opening: The process of opening correctly submitted offers at the time and place specified in the written solicitation and in the presence of anyone who wished to attend. ix SPB RFP Revised: 03/13/2015 Recommended Hardware Configuration: The data processing hardware (including all terminals, auxiliary storage, communication, and other peripheral devices) to the extent utilized by the State as recommended by the Contractor. Release Date: The date of public release of the written solicitation to seek offers Renewal Period: Optional contract periods subsequent to the original Contract Period for a specified duration with previously agreed to terms and conditions. Not to be confused with Extension. Request for Information (RFI): A general invitation to vendors requesting information for a potential future solicitation. The RFI is typically used as a research and information gathering tool for preparation of a solicitation. Request for Proposal (RFP): A written solicitation utilized for obtaining competitive offers. Responsible Bidder: A bidder who has the capability in all respects to perform fully and lawfully all requirements with integrity and reliability to assure good faith performance. Responsive Bidder: A bidder who has submitted a bid which conforms to all requirements of the solicitation document. Shall/Will/Must: An order/command; mandatory. Should: Expected; suggested, but not necessarily mandatory. Software License: Legal instrument with or without printed material that governs the use or redistribution of licensed software. Sole Source – Commodity: When an item is available from only one source due to the unique nature of the requirement, its supplier, or market conditions. Sole Source – Services: A service of such a unique nature that the vendor selected is clearly and justifiably the only practical source to provide the service. Determination that the vendor selected us justifiably the sole source is based on either the uniqueness of the service or sole availability at the location required. Specifications: The detailed statement, especially of the measurements, quality, materials, and functional characteristics, or other items to be provided under a contract. System (see Module): Any collection or aggregation of two (2) or more Modules that is designed to function, or is represented by the Contractor as functioning or being capable of functioning, as an entity. Termination: Occurs when either party, pursuant to a power created by agreement or law, puts an end to the contract prior to the stated expiration date. All obligations which are still executory on both sides are discharged but any right based on prior breach or performance survives. Trade Secret: Information, including, but not limited to, a drawing, formula, pattern, compilation, program, device, method, technique, code, or process that (a) derives independent economic value, actual or potential, from not being known to, and not being ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and (b) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy (see Neb. Rev. Stat. §87-502(4)). x SPB RFP Revised: 03/13/2015 Trademark: A word, phrase, logo, or other graphic symbol used by a manufacturer or vendor to distinguish its product from those of others, registered with the U.S. Patent and Trademark Office. Upgrade: Any change that improves or alters the basic function of a product of service. Vendor: An individual or entity lawfully conducting business in the State of Nebraska, or licensed to do so, who seeks to provide goods or services under the terms of a written solicitation. Vendor Performance Report: A report issued to the Contractor by State Purchasing Bureau when products or services delivered or performed fail to meet the terms of the purchase order, contract, and/or specifications, as reported to State Purchasing Bureau by the agency. The State Purchasing Bureau shall contact the Contractor regarding any such report. The vendor performance report will become a part of the permanent record for the Contractor. The State may require vendor to cure. Two such reports may be cause for immediate termination. Will: See Shall/Will/Must. Work Day: See Business Day. xi SPB RFP Revised: 03/13/2015 I. SCOPE OF THE REQUEST FOR PROPOSAL The State of Nebraska, Administrative Services (AS), Materiel Division, State Purchasing Bureau (hereafter known as State Purchasing Bureau), is issuing this Request for Proposal, RFP Number 4958Z1 for the purpose of selecting a qualified Contractor to provide statewide education and public awareness on the need for organ and tissue donation. Any resulting contract is not an exclusive contract to furnish the services provided for in this Request for Proposal, and does not preclude the purchase of similar services from other sources. A contract resulting from this Request for Proposal will be issued approximately for a period of five (5) years effective the date of award through June 30, 2020 as mutually agreed upon by all parties. The State reserves the right to extend the period of this contract beyond the termination date when mutually agreeable to the Contractor and the State of Nebraska. ALL INFORMATION PERTINENT TO THIS REQUEST FOR PROPOSAL CAN BE FOUND ON THE INTERNET AT: http://das.nebraska.gov/materiel/purchasing.html A. SCHEDULE OF EVENTS The State expects to adhere to the tentative procurement schedule shown below. It should be noted, however, that some dates are approximate and subject to change. ACTIVITY DATE/TIME 1. Release1 Request for Proposal April 03, 2015 2. Last day to submit written questions April 17, 2015 3. State1 responds to written questions through Request for Proposal “Addendum” and/or “Amendment” to be posted to May 01, 2015 the Internet at: http://das.nebraska.gov/materiel/purchasing.html 4. Proposal1 opening May 15, 2015 Location: State Purchasing Bureau 2:00 PM 1526 K Street, Suite 130 Central Time Lincoln, NE 68508 5. Review1 for conformance of mandatory requirements May 15, 2015 6. Evaluation1 period May 18, 2015 - June 05, 2015 7. “Oral1 Interviews/Presentations and/or Demonstrations” (if TBD required) 8. Post1 “Letter of Intent to Contract” to Internet at: and/or June 12, 2015 http://das.nebraska.gov/materiel/purchasing.html 9. Contract1 finalization period June 12, 2015 - July 02, 2015 10. Contract1 award July 10, 2015 11. Contractor2 start date August 01, 2015 Page 1 SPB RFP Revised: 03/13/2015 II. PROCUREMENT PROCEDURES A. PROCURING OFFICE AND CONTACT PERSON Procurement responsibilities related to this Request for Proposal reside with the State Purchasing Bureau. The point of contact for the procurement is as follows: Name: Teresa Fleming/Michelle Thompson Agency: State Purchasing Bureau Address: 1526 K Street, Suite 130 Lincoln, NE 68508 Telephone: 402-471-6500 Facsimile: 402-471-2089 E-Mail: [email protected] B. GENERAL INFORMATION The Request for Proposal is designed to solicit proposals from qualified vendors who will be responsible for providing statewide education and public awareness on the need for organ and tissue donation at a competitive and reasonable cost. Proposals that do not conform to the mandatory items as indicated in the Request for Proposal will not be considered. Proposals shall conform to all instructions, conditions, and requirements included in the Request for Proposal. Prospective bidders are expected to carefully examine all documentation, schedules, and requirements stipulated in this Request for Proposal, and respond to each requirement in the format prescribed. A fixed-price contract will be awarded as a result of this proposal. In addition to the provisions of this Request for Proposal and the awarded proposal, which shall be incorporated by reference in the contract, any additional clauses or provisions required by the terms and conditions will be included as an amendment to the contract. C. CUSTOMER SERVICE In addition to any specified service requirements contained in this agreement, the Contractor agrees and understands that satisfactory customer service is required. Contractor will develop or provide technology and business procedures designed to enhance the level of customer satisfaction and to provide the customer appropriate information given their situation. Contractor, its employees, Sub-Contractors, and agents must be accountable, responsive, reliable, patient, and have well-developed communication skills as set forth by the customer service industry’s best practices and processes. D. COMMUNICATION WITH STATE STAFF AND EVALUATORS From the date the Request for Proposal is issued until a determination is announced regarding the selection of the Contractor, contact regarding this project between potential Contractors and individuals employed by the State is restricted to only written communication with the staff designated above as the point of contact for this Request for Proposal. Bidders shall not have any communication with, or attempt to communicate with or influence in any way, any evaluator involved in this RFP. Once a Contractor is preliminarily selected, as documented in the intent to contract, that Contractor is restricted from communicating with State staff until a contract is signed. Violation of this condition may be considered sufficient cause to reject a Contractor’s proposal and/or selection irrespective of any other condition. Page 2 SPB RFP Revised: 03/13/2015 The following exceptions to these restrictions are permitted: 1. written communication with the person(s) designated as the point(s) of contact for this Request for Proposal or procurement; 2. contacts made pursuant to any pre-existing contracts or obligations; and 3. state-requested presentations, key personnel interviews, clarification sessions or discussions to finalize a contract. Violations of these conditions may be considered sufficient cause to reject a bidder’s proposal and/or selection irrespective of any other condition. No individual member of the State, employee of the State, or member of the Evaluation Committee is empowered to make binding statements regarding this Request for Proposal. The buyer will issue any clarifications or opinions regarding this Request for Proposal in writing. E. WRITTEN QUESTIONS AND ANSWERS Any explanation desired by a bidder regarding the meaning or interpretation of any Request for Proposal provision must be submitted in writing to the State Purchasing Bureau and clearly marked “RFP Number 4958Z1; Statewide education and public awareness on the need for organ and tissue donation Questions”. It is preferred that questions be sent via e-mail to [email protected] Questions may also be sent by facsimile to 402-471- 2089, but must include a cover sheet clearly indicating that the transmission is to the attention of Teresa Fleming/Michelle Thompson, showing the total number of pages transmitted, and clearly marked “RFP Number 4958Z1; Statewide education and public awareness on the need for organ and tissue donation Questions”. It is recommended that Bidders submit questions sequentially numbered, include the RFP reference and page number using the following format. Question RFP Section RFP Page Question Number Reference Number Written answers will be provided through an addendum to be posted on the Internet at http://das.nebraska.gov/materiel/purchasing.html on or before the date shown in the Schedule of Events. F. ORAL INTERVIEWS/PRESENTATIONS AND/OR DEMONSTRATIONS The Evaluation Committee(s) may conclude after the completion of the Technical and Budget Proposal evaluation that oral interviews/presentations and/or demonstrations are required in order to determine the successful bidder. All bidders may not have an opportunity to interview/present and/or give demonstrations; the State reserves the right to select only the top scoring bidders to present/give oral interviews in its sole discretion. The scores from the oral interviews/presentations and/or demonstrations will be added to the scores from the Technical and Budget Proposals. The presentation process will allow the bidders to demonstrate their proposal offering, explaining and/or clarifying any unusual or significant elements related to their proposals. Bidders’ key personnel may be requested to participate in a structured interview to determine their understanding of the requirements of this proposal, their authority and reporting relationships within their firm, and their management style and philosophy. Bidders shall not be allowed to alter or amend their proposals. Only representatives of the State and the presenting bidders will be permitted to attend the oral interviews/presentations and/or demonstrations. Page 3 SPB RFP Revised: 03/13/2015 Once the oral interviews/presentations and/or demonstrations have been completed the State reserves the right to make a contract award without any further discussion with the bidders regarding the proposals received. Detailed notes of oral interviews/presentations and/or demonstrations may be recorded and supplemental information (such as briefing charts, et cetera) may be accepted; however, such supplemental information shall not be considered an amendment to a bidders' proposal. Additional written information gathered in this manner shall not constitute replacement of proposal contents. Any cost incidental to the oral interviews/presentations and/or demonstrations shall be borne entirely by the bidder and will not be compensated by the State. G. SUBMISSION OF PROPOSALS The following describes the requirements related to proposal submission, proposal handling, and review by the State. To facilitate the proposal evaluation process, one (1) original of the entire proposal should be submitted. Proposals must be submitted by the proposal due date and time. A separate sheet must be provided that clearly states which sections have been submitted as proprietary or have copyrighted materials. All proprietary information the bidder wishes the State to withhold must be submitted in accordance with the instructions outlined in Section III, Proprietary Information. Proposal responses should include the completed Form A, Bidder Contact Sheet. Proposals must reference the Request for Proposal number and be sent to the specified address. Please note that the address label should appear as specified in Section II part A on the face of each container or bidder’s bid response packet. Rejected late proposals will be returned to the bidder unopened, if requested, at bidder's expense. If a recipient phone number is required for delivery purposes, 402-471-6500 should be used. The Request for Proposal number must be included in all correspondence. Emphasis should be concentrated on conformance to the Request for Proposal instructions, responsiveness to requirements, completeness, and clarity of content. If the bidder’s proposal is presented in such a fashion that makes evaluation difficult or overly time consuming, it is likely that the proposal will be rejected. IMPORTANT NOTICE: Pursuant to Neb. Rev. Stat. §84-602.02, all State contracts in effect as of January 1, 2014 will be posted to a public website beginning July 1, 2014. All information not specifically excluded by State Law WILL BE POSTED FOR PUBLIC VIEWING. The Technical and Budget Proposals should be presented in separate sections (loose-leaf binders are preferred) on standard 8 ½” x 11” paper, except that charts, diagrams and the like may be on fold-outs which, when folded, fit into the 8 ½” by 11” format. Pages may be consecutively numbered for the entire proposal, or may be numbered consecutively within sections. Figures and tables must be numbered consecutively within sections. Figures and tables must be numbered and referenced in the text by that number. They should be placed as close as possible to the referencing text. H. PROPOSAL OPENING The sealed proposals will be publicly opened and the bidding entities announced on the date, time, and location shown in the Schedule of Events. Proposals will be available for viewing by those present at the proposal opening. Vendors may also contact the State to schedule an appointment for viewing proposals after the Intent to Award has been posted to the website. Page 4 SPB RFP Revised: 03/13/2015 I. LATE PROPOSALS Proposals received after the time and date of the proposal opening will be considered late proposals. Rejected late proposals will be returned to the bidder unopened, if requested, at bidder's expense. The State is not responsible for proposals that are late or lost due to mail service inadequacies, traffic, or any other reason(s). J. REJECTION OF PROPOSALS The State reserves the right to reject any or all proposals, wholly or in part, or to award to multiple bidders in whole or in part. The State reserves the right to waive any deviations or errors that are not material, do not invalidate the legitimacy of the proposal and do not improve the bidder’s competitive position. All awards will be made in a manner deemed in the best interest of the State. K. EVALUATION OF PROPOSALS All responses to this Request for Proposal which fulfill all mandatory requirements will be evaluated. Each category will have a maximum possible point potential. The State will conduct a fair, impartial, and comprehensive evaluation of all proposals in accordance with the criteria set forth below. The State may elect to use a third-party to conduct credit checks as part of the corporate overview evaluation. Areas that will be addressed and scored during the evaluation include: 1. Corporate Overview shall include but is not limited to: a. the ability, capacity, and skill of the bidder to deliver and implement the system or project that meets the requirements of the Request for Proposal; b. the character, integrity, reputation, judgment, experience, and efficiency of the bidder; c. whether the bidder can perform the contract within the specified time frame; d. the quality of bidder performance on prior contracts; e. such other information that may be secured and that has a bearing on the decision to award the contract; 2. Technical Approach; and 3. Budget Proposal (Form B). Neb. Rev. Stat. §73-107 allows for a preference for a resident disabled veteran or business located in a designated enterprise zone. When a state contract is to be awarded to the lowest responsible bidder, a resident disabled veteran or a business located in a designated enterprise zone under the Enterprise Zone Act shall be allowed a preference over any other resident or nonresident bidder, if all other factors are equal. Resident disabled veterans means any person (a) who resides in the State of Nebraska, who served in the United States Armed Forces, including any reserve component or the National Guard, who was discharged or otherwise separated with a characterization of honorable or general (under honorable conditions), and who possesses a disability rating letter issued by the United States Department of Veterans Affairs establishing a service-connected disability or a disability determination from the United States Department of Defense and (b)(i) who owns and controls a business or, in the case of a publicly owned business, more than fifty percent of the stock is owned by one or more persons described in subdivision (a) of this subsection and (ii) the management and daily business operations of the business are controlled by one or more persons Page 5 SPB RFP Revised: 03/13/2015 described in subdivision(a) of this subsection. Any contract entered into without compliance with this section shall be null and void. Therefore, if a resident disabled veteran or business located in a designated enterprise zone submits a bid in accordance with Neb. Rev. Stat. §73-107 and has so indicated on the RFP cover page under “Bidder must complete the following” requesting priority/preference to be considered in the award of this contract, the following will need to be submitted by the vendor within ten (10) business days of request: a. Documentation from the United States Armed Forces confirming service; b. Documentation of discharge or otherwise separated characterization of honorable or general (under honorable conditions); c. Disability rating letter issued by the United States Department of Veterans Affairs establishing a service-connected disability or a disability determination from the United States Department of Defense; and d. Documentation which shows ownership and control of a business or, in the case of a publicly owned business, more than fifty percent of the stock is owned by one or more persons described in subdivision (a) of this subsection; and the management and daily business operations of the business are controlled by one or more persons described in subdivision (a) of this subsection. Failure to submit the requested documentation within ten (10) business days of notice will disqualify the bidder from consideration of the preference. Evaluation criteria will become public information at the time of the Request for Proposal opening. Evaluation criteria and a list of respondents will be posted to the State Purchasing Bureau website at http://das.nebraska.gov/materiel/purchasing.html Evaluation criteria will not be released prior to the proposal opening. L. EVALUATION COMMITTEE Proposals will be independently evaluated by members of the Evaluation Committee(s). The Evaluation Committee(s) will consist of staff with the appropriate expertise to conduct such proposal evaluations. Names of the members of the Evaluation Committee(s) will not be published. Prior to award, bidders are advised that only the point of contact indicated on the front cover of this Request for Proposal For Contractual Services Form can clarify issues or render any opinion regarding this Request for Proposal. No individual member of the State, employee of the State, or member of the Evaluation Committee(s) is empowered to make binding statements regarding this Request for Proposal. Any contact, or attempted contact, with an evaluator that is involved with this RFP may result in the rejection of this proposal and further administrative actions may be taken. M. MANDATORY REQUIREMENTS The proposals will first be examined to determine if all mandatory requirements listed below have been addressed to warrant further evaluation. Proposals not meeting mandatory requirements will be excluded from further evaluation. The mandatory requirement items are as follows: 1. Request for Proposal For Contractual Services form, signed in ink; 2. Corporate Overview; Page 6 SPB RFP Revised: 03/13/2015 3. Technical Approach; and 4. Budget Proposal (Form B). N. REFERENCE CHECKS The State reserves the right to check any reference(s), regardless of the source of the reference information, including but not limited to, those that are identified by the company in the proposal, those indicated through the explicitly specified contacts, those that are identified during the review of the proposal, or those that result from communication with other entities involved with similar projects. The State may use a third-party to conduct reference checks. Information to be requested and evaluated from references may include, but is not limited to, some or all of the following: financial stability of the company, project description and background, job performed, functional and technical abilities, communication skills and timeliness, cost and schedule estimates and accuracy, problems (poor quality deliverables, contract disputes, work stoppages, et cetera), overall performance, and whether or not the reference would rehire the firm or individual. Only top scoring bidders may receive reference checks, and negative references may eliminate bidders from consideration for award. O. SECRETARY OF STATE/TAX COMMISSIONER REGISTRATION REQUIREMENTS All bidders should be authorized to transact business in the State of Nebraska. All bidders are expected to comply with all Nebraska Secretary of State Registration requirements. It is the responsibility of the bidder to comply with any registration requirements pertaining to types of business entities (e.g. person, partnership, foreign or domestic limited liability company, association, or foreign or domestic corporation or other type of business entity). The bidder who is the recipient of an Intent to Award will be required to certify that it has so complied and produce a true and exact copy of its current (within ninety (90) calendar days), valid Certificate of Good Standing or Letter of Good Standing; or in the case of a sole proprietorship, provide written documentation of sole proprietorship. This must be accomplished prior to the award of the contract. Construction Contractors are expected to meet all applicable requirements of the Nebraska Contractor Registration Act and provide a current, valid certificate of registration. Further, all bidders shall comply with any and all other applicable Nebraska statutes regarding transacting business in the State of Nebraska. Bidders should submit the above certification(s) with their bid. If a bank is registered with the Office of Comptroller of Currency, it is not required to register with the State. However, the Office of Comptroller of Currency does have a certificate of good standing/registration. The bank could provide that for verification. (Optional) P. VIOLATION OF TERMS AND CONDITIONS Violation of the terms and conditions contained in this Request for Proposal or any resultant contract, at any time before or after the award, shall be grounds for action by the State which may include, but is not limited to, the following: 1. Rejection of a bidder’s proposal; 2. Suspension of the bidder from further bidding with the State for the period of time relative to the seriousness of the violation, such period to be within the sole discretion of the State. Page 7 SPB RFP Revised: 03/13/2015 III. TERMS AND CONDITIONS By signing the “Request for Proposal for Contractual Services” form, the bidder guarantees compliance with the provisions stated in this Request for Proposal, agrees to the Terms and Conditions unless otherwise agreed to, and certifies bidder maintains a drug free work place environment. Bidders are expected to closely read the Terms and Conditions and provide a binding signature of intent to comply with the Terms and Conditions; provided, however, a bidder may indicate any exceptions to the Terms and Conditions by (1) clearly identifying the term or condition by subsection, and (2) including an explanation for the bidder’s inability to comply with such term or condition which includes a statement recommending terms and conditions the bidder would find acceptable. Rejection in whole or in part of the Terms and Conditions may be cause for rejection of a bidder’s proposal. Bidders must include completed Section III with their proposal response. A. GENERAL Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (Initial) Alternative within RFP Response (Initial) The contract resulting from this Request for Proposal shall incorporate the following documents: 1. Amendment to Contract Award with the most recent dated amendment having the highest priority; 2. Contract Award and any attached Addenda; 3. The Request for Proposal form and the Contractor’s Proposal, signed in ink 4. Amendments to RFP and any Questions and Answers; and 5. The original RFP document and any Addenda. These documents constitute the entirety of the contract. Unless otherwise specifically stated in a contract amendment, in case of any conflict between the incorporated documents, the documents shall govern in the following order of preference with number one (1) receiving preference over all other documents and with each lower numbered document having preference over any higher numbered document: 1) Amendment to Contract Award with the most recent dated amendment having the highest priority, 2) Contract Award and any attached Addenda, 3) the signed Request for Proposal form and the Contractor’s Proposal, 4) Amendments to RFP and any Questions and Answers, 5) the original RFP document and any Addenda. Any ambiguity in any provision of this contract which shall be discovered after its execution shall be resolved in accordance with the rules of contract interpretation as established in the State of Nebraska. Once proposals are opened they become the property of the State of Nebraska and will not be returned. Page 8 SPB RFP Revised: 03/13/2015 B. AWARD Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (Initial) Alternative within RFP Response (Initial) All purchases, leases, or contracts which are based on competitive proposals will be awarded according to the provisions in the Request for Proposal. The State reserves the right to reject any or all proposals, in whole or in part, or to award to multiple bidders in whole or in part, and at its discretion, may withdraw or amend the Request for Proposal at any time. The State reserves the right to waive any deviations or errors that are not material, do not invalidate the legitimacy of the proposal, and do not improve the bidder’s competitive position. All awards will be made in a manner deemed in the best interest of the State. The Request for Proposal does not commit the State to award a contract. If, in the opinion of the State, revisions or amendments will require substantive changes in proposals, the due date may be extended. By submitting a proposal in response to this Request for Proposal, the bidder grants to the State the right to contact or arrange a visit in person with any or all of the bidder’s clients. Once intent to award decision has been determined, it will be posted to the Internet at: http://das.nebraska.gov/materiel/purchasing.html Grievance and protest procedure is available on the Internet at: http://das.nebraska.gov/materiel/purchase_bureau/docs/vendors/protest/ProtestGrievancePro cedureForVendors.pdf Any protests must be filed by a vendor within ten (10) business days after the intent to award decision is posted to the Internet. C. COMPLIANCE WITH CIVIL RIGHTS LAWS AND EQUAL OPPORTUNITY EMPLOYMENT / NONDISCRIMINATION Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (Initial) Alternative within RFP Response (Initial) The Contractor shall comply with all applicable local, state, and federal statutes and regulations regarding civil rights laws and equal opportunity employment. The Nebraska Fair Employment Practice Act prohibits Contractors of the State of Nebraska, and their Sub- Contractors, from discriminating against any employee or applicant for employment, with respect to hire, tenure, terms, conditions, compensation, or privileges of employment because of race, color, religion, sex, disability, marital status, or national origin (Neb. Rev. Stat. §48- 1101 to 48-1125). The Contractor guarantees compliance with the Nebraska Fair Employment Practice Act, and breach of this provision shall be regarded as a material breach of contract. The Contractor shall insert a similar provision in all sub-contracts for services to be covered by any contract resulting from this Request for Proposal. Page 9 SPB RFP Revised: 03/13/2015 D. PERMITS, REGULATIONS, LAWS Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (Initial) Alternative within RFP Response (Initial) The Contractor shall procure and pay for all permits, licenses, and approvals necessary for the execution of the contract. The Contractor shall comply with all applicable local, state, and federal laws, ordinances, rules, orders, and regulations. E. OWNERSHIP OF INFORMATION AND DATA Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (Initial) Alternative within RFP Response (Initial) The State of Nebraska shall have the unlimited right to publish, duplicate, use, and disclose all information and data developed or derived by the Contractor pursuant to this contract. The Contractor must guarantee that it has the full legal right to the materials, supplies, equipment, and other rights or titles (e.g. rights to licenses transfer or assign deliverables) necessary to execute this contract. The contract price shall, without exception, include compensation for all royalties and costs arising from patents, trademarks, and copyrights that are in any way involved in the contract. It shall be the responsibility of the Contractor to pay for all royalties and costs, and the State must be held harmless from any such claims. F. INSURANCE REQUIREMENTS Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (Initial) Alternative within RFP Response (Initial) The Contractor shall not commence work under this contract until all the insurance required hereunder has been obtained and such insurance has been approved by the State. The Contractor shall maintain all required insurance for the life of this contract and shall ensure that the State Purchasing Bureau has the most current certificate of insurance throughout the life of this contract. If Contractor will be utilizing any Sub-Contractors, the Contractor is responsible for obtaining the certificate(s) of insurance required herein under from any and all Sub-Contractor(s). The Contractor is also responsible for ensuring Sub-Contractor(s) maintain the insurance required until completion of the contract requirements. The Contractor shall not allow any Sub-Contractor to commence work on any Sub-Contract until all similar insurance required of the Sub-Contractor has been obtained and approved by the Contractor. Approval Page 10 SPB RFP Revised: 03/13/2015 of the insurance by the State shall not limit, relieve, or decrease the liability of the Contractor hereunder. If by the terms of any insurance a mandatory deductible is required, or if the Contractor elects to increase the mandatory deductible amount, the Contractor shall be responsible for payment of the amount of the deductible in the event of a paid claim. 1. WORKERS’ COMPENSATION INSURANCE The Contractor shall take out and maintain during the life of this contract the statutory Workers’ Compensation and Employer's Liability Insurance for all of the contactors’ employees to be engaged in work on the project under this contract and, in case any such work is sublet, the Contractor shall require the Sub-Contractor similarly to provide Worker's Compensation and Employer's Liability Insurance for all of the Sub- Contractor’s employees to be engaged in such work. This policy shall be written to meet the statutory requirements for the state in which the work is to be performed, including Occupational Disease. This policy shall include a waiver of subrogation in favor of the State. The amounts of such insurance shall not be less than the limits stated hereinafter. 2. COMMERCIAL GENERAL LIABILITY INSURANCE AND COMMERCIAL AUTOMOBILE LIABILITY INSURANCE The Contractor shall take out and maintain during the life of this contract such Commercial General Liability Insurance and Commercial Automobile Liability Insurance as shall protect Contractor and any Sub-Contractor performing work covered by this contract from claims for damages for bodily injury, including death, as well as from claims for property damage, which may arise from operations under this contract, whether such operation be by the Contractor or by any Sub-Contractor or by anyone directly or indirectly employed by either of them, and the amounts of such insurance shall not be less than limits stated hereinafter. The Commercial General Liability Insurance shall be written on an occurrence basis, and provide Premises/Operations, Products/Completed Operations, Independent Contractors, Personal Injury, and Contractual Liability coverage. The policy shall include the State, and others as required by the contract documents. This policy shall be primary, and any insurance or self-insurance carried by the State shall be considered excess and non-contributory. The Commercial Automobile Liability Insurance shall be written to cover all Owned, Non-owned, and Hired vehicles. 3. INSURANCE COVERAGE AMOUNTS REQUIRED a. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY Coverage A Statutory Coverage B Bodily Injury by Accident $100,000 each accident Bodily Injury by Disease $500,000 policy limit Bodily Injury by Disease $100,000 each employee Page 11 SPB RFP Revised: 03/13/2015 b. COMMERCIAL GENERAL LIABILITY General Aggregate $2,000,000 Products/Completed Operations Aggregate $2,000,000 Personal/Advertising Injury $1,000,000 any one person Bodily Injury/Property Damage $1,000,000 per occurrence Fire Damage $50,000 any one fire Medical Payments $5,000 any one person c. COMMERCIAL AUTOMOBILE LIABILITY Bodily Injury/Property Damage $1,000,000 combined single limit d. UMBRELLA/EXCESS LIABILITY Over Primary Insurance $1,000,000 per occurrence e. SUBROGRATION WAIVER “Waiver of Subrogation on the Worker’s Compensation in favor of the State of Nebraska.” f. LIABILITY WAIVER “The State of Nebraska, Certificate holder, is an additionally insured, primary & noncontributory on the General Liability.” 4. EVIDENCE OF COVERAGE The Contractor should furnish the State, with their proposal response, a certificate of insurance coverage complying with the above requirements to the attention of the Buyer at 402-471-2089 (fax) Administrative Services State Purchasing Bureau 1526 K Street, Suite 130 Lincoln, NE 68508 These certificates or the cover sheet shall reference the RFP number, and the certificates shall include the name of the company, policy numbers, effective dates, dates of expiration, and amounts and types of coverage afforded. If the State is damaged by the failure of the Contractor to maintain such insurance, then the Contractor shall be responsible for all reasonable costs properly attributable thereto. Notice of cancellation of any required insurance policy must be submitted to Administrative Services State Purchasing Bureau when issued and a new coverage binder shall be submitted immediately to ensure no break in coverage. Page 12 SPB RFP Revised: 03/13/2015 G. COOPERATION WITH OTHER CONTRACTORS Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (Initial) Alternative within RFP Response (Initial) The State may already have in place or choose to award supplemental contracts for work related to this Request for Proposal, or any portion thereof. 1. The State reserves the right to award the contract jointly between two or more potential Contractors, if such an arrangement is in the best interest of the State. 2. The Contractor shall agree to cooperate with such other Contractors, and shall not commit or permit any act which may interfere with the performance of work by any other Contractor. H. INDEPENDENT CONTRACTOR Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (Initial) Alternative within RFP Response (Initial) It is agreed that nothing contained herein is intended or should be construed in any manner as creating or establishing the relationship of partners between the parties hereto. The Contractor represents that it has, or will secure at its own expense, all personnel required to perform the services under the contract. The Contractor’s employees and other persons engaged in work or services required by the contractor under the contract shall have no contractual relationship with the State; they shall not be considered employees of the State. All claims on behalf of any person arising out of employment or alleged employment (including without limit claims of discrimination against the Contractor, its officers, or its agents) shall in no way be the responsibility of the State. The Contractor will hold the State harmless from any and all such claims. Such personnel or other persons shall not require nor be entitled to any compensation, rights, or benefits from the State including without limit, tenure rights, medical and hospital care, sick and vacation leave, severance pay, or retirement benefits. Page 13 SPB RFP Revised: 03/13/2015 I. CONTRACTOR RESPONSIBILITY Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (Initial) Alternative within RFP Response (Initial) The Contractor is solely responsible for fulfilling the contract, with responsibility for all services offered and products to be delivered as stated in the Request for Proposal, the Contractor’s proposal, and the resulting contract. The Contractor shall be the sole point of contact regarding all contractual matters. If the Contractor intends to utilize any Sub-Contractor's services, the Sub-Contractor's level of effort, tasks, and time allocation must be clearly defined in the Contractor's proposal. The Contractor shall agree that it will not utilize any Sub-Contractors not specifically included in its proposal in the performance of the contract without the prior written authorization of the State. Following execution of the contract, the Contractor shall proceed diligently with all services and shall perform such services with qualified personnel in accordance with the contract. J. CONTRACTOR PERSONNEL Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (Initial) Alternative within RFP Response (Initial) The Contractor warrants that all persons assigned to the project shall be employees of the Contractor or specified Sub-Contractors, and shall be fully qualified to perform the work required herein. Personnel employed by the Contractor to fulfill the terms of the contract shall remain under the sole direction and control of the Contractor. The Contractor shall include a similar provision in any contract with any Sub-Contractor selected to perform work on the project. Personnel commitments made in the Contractor's proposal shall not be changed without the prior written approval of the State. Replacement of key personnel, if approved by the State, shall be with personnel of equal or greater ability and qualifications. The State reserves the right to require the Contractor to reassign or remove from the project any Contractor or Sub-Contractor employee. In respect to its employees, the Contractor agrees to be responsible for the following: 1. any and all employment taxes and/or other payroll withholding; 2. any and all vehicles used by the Contractor’s employees, including all insurance required by state law; 3. damages incurred by Contractor’s employees within the scope of their duties under the contract; Page 14 SPB RFP Revised: 03/13/2015 4. maintaining workers’ compensation and health insurance and submitting any reports on such insurance to the extent required by governing State law; and 5. determining the hours to be worked and the duties to be performed by the Contractor’s employees. K. STATE OF NEBRASKA PERSONNEL RECRUITMENT PROHIBITION Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (Initial) Alternative within RFP Response (Initial) The Contractor shall not, at any time, recruit or employ any State employee or agent who has worked on the Request for Proposal or project, or who had any influence on decisions affecting the Request for Proposal or project. L. CONFLICT OF INTEREST Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (Initial) Alternative within RFP Response (Initial) By submitting a proposal, bidder certifies that there does not now exist any relationship between the bidder and any person or entity which is or gives the appearance of a conflict of interest related to this Request for Proposal or project. The bidder certifies that it shall not take any action or acquire any interest, either directly or indirectly, which will conflict in any manner or degree with the performance of its services hereunder or which creates an actual or appearance of conflict of interest. The bidder certifies that it will not employ any individual known by bidder to have a conflict of interest. M. PROPOSAL PREPARATION COSTS Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (Initial) Alternative within RFP Response (Initial) The State shall not incur any liability for any costs incurred by bidders in replying to this Request for Proposal, in the demonstrations and/or oral presentations, or in any other activity related to bidding on this Request for Proposal. Page 15 SPB RFP Revised: 03/13/2015 N. ERRORS AND OMISSIONS Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (Initial) Alternative within RFP Response (Initial) The bidder shall not take advantage of any errors and/or omissions in this Request for Proposal or resulting contract. The bidder must promptly notify the State of any errors and/or omissions that are discovered. O. BEGINNING OF WORK Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (Initial) Alternative within RFP Response (Initial) The bidder shall not commence any billable work until a valid contract has been fully executed by the State and the successful Contractor. The Contractor will be notified in writing when work may begin. P. ASSIGNMENT BY THE STATE Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (Initial) Alternative within RFP Response (Initial) The State shall have the right to assign or transfer the contract or any of its interests herein to any agency, board, commission, or political subdivision of the State of Nebraska. There shall be no charge to the State for any assignment hereunder. Q. ASSIGNMENT BY THE CONTRACTOR Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (Initial) Alternative within RFP Response (Initial) The Contractor may not assign, voluntarily or involuntarily, the contract or any of its rights or obligations hereunder (including without limitation rights and duties of performance) to any third party, without the prior written consent of the State, which will not be unreasonably withheld. Page 16 SPB RFP Revised: 03/13/2015 R. DEVIATIONS FROM THE REQUEST FOR PROPOSAL Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (Initial) Alternative within RFP Response (Initial) The requirements contained in the Request for Proposal become a part of the terms and conditions of the contract resulting from this Request for Proposal. Any deviations from the Request for Proposal must be clearly defined by the bidder in its proposal and, if accepted by the State, will become part of the contract. Any specifically defined deviations must not be in conflict with the basic nature of the Request for Proposal, mandatory requirements, or applicable state or federal laws or statutes. “Deviation”, for the purposes of this RFP, means any proposed changes or alterations to either the contractual language or deliverables within the scope of this RFP. The State discourages deviations and reserves the right to reject proposed deviations. S. GOVERNING LAW Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (Initial) Alternative within RFP Response (Initial) The contract shall be governed in all respects by the laws and statutes of the State of Nebraska. Any legal proceedings against the State of Nebraska regarding this Request for Proposal or any resultant contract shall be brought in the State of Nebraska administrative or judicial forums as defined by State law. The Contractor must be in compliance with all Nebraska statutory and regulatory law. T. ATTORNEY'S FEES Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (Initial) Alternative within RFP Response (Initial) In the event of any litigation, appeal, or other legal action to enforce any provision of the contract, the Contractor agrees to pay all expenses of such action, as permitted by law, including attorney's fees and costs, if the State is the prevailing party. Page 17 SPB RFP Revised: 03/13/2015 U. ADVERTISING Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (Initial) Alternative within RFP Response (Initial) The Contractor agrees not to refer to the contract award in advertising in such a manner as to state or imply that the company or its services are endorsed or preferred by the State. News releases pertaining to the project shall not be issued without prior written approval from the State. V. STATE PROPERTY Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (Initial) Alternative within RFP Response (Initial) The Contractor shall be responsible for the proper care and custody of any State-owned property which is furnished for the Contractor's use during the performance of the contract. The Contractor shall reimburse the State for any loss or damage of such property; normal wear and tear is expected. W. SITE RULES AND REGULATIONS Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (Initial) Alternative within RFP Response (Initial) The Contractor shall use its best efforts to ensure that its employees, agents, and Sub- Contractors comply with site rules and regulations while on State premises. If the Contractor must perform on-site work outside of the daily operational hours set forth by the State, it must make arrangements with the State to ensure access to the facility and the equipment has been arranged. No additional payment will be made by the State on the basis of lack of access, unless the State fails to provide access as agreed to between the State and the Contractor. Page 18 SPB RFP Revised: 03/13/2015 X. NOTIFICATION Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (Initial) Alternative within RFP Response (Initial) During the bid process, all communication between the State and a bidder shall be between the bidder’s representative clearly noted in its proposal and the buyer noted in Section II.A. Procuring Office and Contact Person, of this RFP. After the award of the contract, all notices under the contract shall be deemed duly given upon delivery to the staff designated as the point of contact for this Request for Proposal, in person, or upon delivery by U.S. Mail, facsimile, or e-mail. Each bidder should provide in its proposal the name, title, and complete address of its designee to receive notices. 1. Except as otherwise expressly specified herein, all notices, requests, or other communications shall be in writing and shall be deemed to have been given if delivered personally or mailed, by U.S. Mail, postage prepaid, return receipt requested, to the parties at their respective addresses set forth above, or at such other addresses as may be specified in writing by either of the parties. All notices, requests, or communications shall be deemed effective upon personal delivery or three (3) calendar days following deposit in the mail. 2. Whenever the Contractor encounters any difficulty which is delaying or threatens to delay its timely performance under the contract, the Contractor shall immediately give notice thereof in writing to the State reciting all relevant information with respect thereto. Such notice shall not in any way constitute a basis for an extension of the delivery schedule or be construed as a waiver by the State of any of its rights or remedies to which it is entitled by law or equity or pursuant to the provisions of the contract. Failure to give such notice, however, may be grounds for denial of any request for an extension of the delivery schedule because of such delay. Either party may change its address for notification purposes by giving notice of the change, and setting forth the new address and an effective date. For the duration of the contract, all communication between Contractor and the State regarding the contract shall take place between the Contractor and individuals specified by the State in writing. Communication about the contract between Contractor and individuals not designated as points of contact by the State is strictly forbidden. Page 19 SPB RFP Revised: 03/13/2015 Y. EARLY TERMINATION Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (Initial) Alternative within RFP Response (Initial) The contract may be terminated as follows: 1. The State and the Contractor, by mutual written agreement, may terminate the contract at any time. 2. The State, in its sole discretion, may terminate the contract for any reason upon thirty (30) calendar day’s written notice to the Contractor. Such termination shall not relieve the Contractor of warranty or other service obligations incurred under the terms of the contract. In the event of termination the Contractor shall be entitled to payment, determined on a pro rata basis, for products or services satisfactorily performed or provided. 3. The State may terminate the contract immediately for the following reasons: a. if directed to do so by statute; b. Contractor has made an assignment for the benefit of creditors, has admitted in writing its inability to pay debts as they mature, or has ceased operating in the normal course of business; c. a trustee or receiver of the Contractor or of any substantial part of the Contractor’s assets has been appointed by a court; d. fraud, misappropriation, embezzlement, malfeasance, misfeasance, or illegal conduct pertaining to performance under the contract by its Contractor, its employees, officers, directors, or shareholders; e. an involuntary proceeding has been commenced by any party against the Contractor under any one of the chapters of Title 11 of the United States Code and (i) the proceeding has been pending for at least sixty (60) calendar days; or (ii) the Contractor has consented, either expressly or by operation of law, to the entry of an order for relief; or (iii) the Contractor has been decreed or adjudged a debtor; f. a voluntary petition has been filed by the Contractor under any of the chapters of Title 11 of the United States Code; g. Contractor intentionally discloses confidential information; h. Contractor has or announces it will discontinue support of the deliverable; i. second or subsequent documented “vendor performance report” form deemed acceptable by the State Purchasing Bureau; or j. Contractor engaged in collusion or actions which could have provided Contractor an unfair advantage in obtaining this contract. Page 20 SPB RFP Revised: 03/13/2015 Z. FUNDING OUT CLAUSE OR LOSS OF APPROPRIATIONS Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (Initial) Alternative within RFP Response (Initial) The State may terminate the contract, in whole or in part, in the event funding is no longer available. The State’s obligation to pay amounts due for fiscal years following the current fiscal year is contingent upon legislative appropriation of funds for the contract. Should said funds not be appropriated, the State may terminate the contract with respect to those payments for the fiscal years for which such funds are not appropriated. The State will give the Contractor written notice thirty (30) calendar days prior to the effective date of any termination, and advise the Contractor of the location (address and room number) of any related equipment. All obligations of the State to make payments after the termination date will cease and all interest of the State in any related equipment will terminate. The Contractor shall be entitled to receive just and equitable compensation for any authorized work which has been satisfactorily completed as of the termination date. In no event shall the Contractor be paid for a loss of anticipated profit. AA. BREACH BY CONTRACTOR Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (Initial) Alternative within RFP Response (Initial) The State may terminate the contract, in whole or in part, if the Contractor fails to perform its obligations under the contract in a timely and proper manner. The State may, by providing a written notice of default to the Contractor, allow the Contractor to cure a failure or breach of contract within a period of thirty (30) calendar days (or longer at State’s discretion considering the gravity and nature of the default). Said notice shall be delivered by Certified Mail, Return Receipt Requested, or in person with proof of delivery. Allowing the Contractor time to cure a failure or breach of contract does not waive the State’s right to immediately terminate the contract for the same or different contract breach which may occur at a different time. In case of default of the Contractor, the State may contract the service from other sources and hold the Contractor responsible for any excess cost occasioned thereby. Page 21 SPB RFP Revised: 03/13/2015 BB. ASSURANCES BEFORE BREACH Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (Initial) Alternative within RFP Response (Initial) If any document or deliverable required pursuant to the contract does not fulfill the requirements of the Request for Proposal/resulting contract, upon written notice from the State, the Contractor shall deliver assurances in the form of additional Contractor resources at no additional cost to the project in order to complete the deliverable, and to ensure that other project schedules will not be adversely affected. CC. ADMINISTRATION – CONTRACT TERMINATION Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (Initial) Alternative within RFP Response (Initial) 1. Contractor must provide confirmation that upon contract termination all deliverables prepared in accordance with this agreement shall become the property of the State of Nebraska; subject to the ownership provision (section E) contained herein, and is provided to the State of Nebraska at no additional cost to the State. 2. Contractor must provide confirmation that in the event of contract termination, all records that are the property of the State will be returned to the State within thirty (30) calendar days. Notwithstanding the above, Contractor may retain one copy of any information as required to comply with applicable work product documentation standards or as are automatically retained in the course of Contractor’s routine back up procedures. DD. PENALTY Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (Initial) Alternative within RFP Response (Initial) In the event that the contractor fails to perform any substantial obligation under the contract, the State may withhold all monies due and payable to the contractor, without penalty, until such failure is cured or otherwise adjudicated. Page 22 SPB RFP Revised: 03/13/2015 EE. FORCE MAJEURE Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (Initial) Alternative within RFP Response (Initial) Neither party shall be liable for any costs or damages resulting from its inability to perform any of its obligations under the contract due to a natural disaster, or other similar event outside the control and not the fault of the affected party (“Force Majeure Event”). A Force Majeure Event shall not constitute a breach of the contract. The party so affected shall immediately give notice to the other party of the Force Majeure Event. The State may grant relief from performance of the contract if the Contractor is prevented from performance by a Force Majeure Event. The burden of proof for the need for such relief shall rest upon the Contractor. To obtain release based on a Force Majeure Event, the Contractor shall file a written request for such relief with the State Purchasing Bureau. Labor disputes with the impacted party’s own employees will not be considered a Force Majeure Event and will not suspend performance requirements under the contract. FF. PROHIBITION AGAINST ADVANCE PAYMENT Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (Initial) Alternative within RFP Response (Initial) Payments shall not be made until contractual deliverable(s) are received and accepted by the State. GG. PAYMENT Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (Initial) Alternative within RFP Response (Initial) State will render payment to Contractor when the terms and conditions of the contract and specifications have been satisfactorily completed on the part of the Contractor as solely determined by the State. Payment will be made by the responsible agency in compliance with the State of Nebraska Prompt Payment Act (See Neb. Rev. Stat. §81-2401 through 81-2408). The State may require the Contractor to accept payment by electronic means such as ACH deposit. In no event shall the State be responsible or liable to pay for any services provided by the Contractor prior to the Effective Date, and the Contractor hereby waives any claim or cause of action for any such services. Page 23 SPB RFP Revised: 03/13/2015 HH. INVOICES Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (Initial) Alternative within RFP Response (Initial) Invoices for payments must be submitted by the Contractor to the agency requesting the services with sufficient detail to support payment. Contractor shall provide quarterly invoices/reports to DHHS, Organ and Tissue Donor Program, PO Box 95026, Lincoln, NE 68509-5026, no later than 30 days after the end of each quarter in which work is completed. The terms and conditions included in the Contractor’s invoice shall be deemed to be solely for the convenience of the parties. No terms or conditions of any such invoice shall be binding upon the State, and no action by the State, including without limitation the payment of any such invoice in whole or in part, shall be construed as binding or estopping the State with respect to any such term or condition, unless the invoice term or condition has been previously agreed to by the State as an amendment to the contract. II. RIGHT TO AUDIT Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (Initial) Alternative within RFP Response (Initial) Contractor shall establish and maintain a reasonable accounting system that enables the State to readily audit contract. The State and its authorized representatives shall have the right to audit, to examine, and to make copies of or extracts from all financial and related records (in whatever form they may be kept, whether written, electronic, or other) relating to or pertaining to this contract kept by or under the control of the Contractor, including, but not limited to those kept by the Contractor, its employees, agents, assigns, successors, and Sub-Contractors. Such records shall include, but not be limited to, accounting records, written policies and procedures; all paid vouchers including those for out-of-pocket expenses; other reimbursement supported by invoices; ledgers; cancelled checks; deposit slips; bank statements; journals; original estimates; estimating work sheets; contract amendments and change order files; back charge logs and supporting documentation; insurance documents; payroll documents; timesheets; memoranda; and correspondence. Contractor shall, at all times during the term of this contract and for a period of five (5) years after the completion of this contract, maintain such records, together with such supporting or underlying documents and materials. The Contractor shall at any time requested by the State, whether during or after completion of this contract and at Contractor’s own expense make such records available for inspection and audit (including copies and extracts of records as required) by the State. Such records shall be made available to the State during normal business hours at the Contractor’s office or place of business. In the event that no such location is available, then the financial records, together with the supporting or underlying documents and records, shall be made available for audit at a time and location that is convenient for the State. Contractor shall ensure the State has these rights with Contractor’s Page 24 SPB RFP Revised: 03/13/2015 assigns, successors, and Sub-Contractors, and the obligations of these rights shall be explicitly included in any subcontracts or agreements formed between the Contractor and any Sub-Contractors to the extent that those sub-contracts or agreements relate to fulfillment of the Contractor’s obligations to the State. Costs of any audits conducted under the authority of this right to audit and not addressed elsewhere will be borne by the State unless certain exemption criteria are met. If the audit identifies overpricing or overcharges (of any nature) by the Contractor to the State in excess of one-half of one percent (.5%) of the total contract billings, the Contractor shall reimburse the State for the total costs of the audit. If the audit discovers substantive findings related to fraud, misrepresentation, or non-performance, the Contractor shall reimburse the State for total costs of audit. Any adjustments and/or payments that must be made as a result of any such audit or inspection of the Contractor’s invoices and/or records shall be made within a reasonable amount of time (not to exceed 90 days) from presentation of the State’s findings to Contractor. JJ. TAXES Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (Initial) Alternative within RFP Response (Initial) The State is not required to pay taxes of any kind and assumes no such liability as a result of this solicitation. Any property tax payable on the Contractor's equipment which may be installed in a state-owned facility is the responsibility of the Contractor. KK. INSPECTION AND APPROVAL Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (Initial) Alternative within RFP Response (Initial) Final inspection and approval of all work required under the contract shall be performed by the designated State officials. The State and/or its authorized representatives shall have the right to enter any premises where the Contractor or Sub-Contractor duties under the contract are being performed, and to inspect, monitor or otherwise evaluate the work being performed. All inspections and evaluations shall be at reasonable times and in a manner that will not unreasonably delay work. Page 25 SPB RFP Revised: 03/13/2015 LL. CHANGES IN SCOPE/CHANGE ORDERS Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (Initial) Alternative within RFP Response (Initial) The State may, upon the written agreement of Contractor, make changes to the contract within the general scope of the RFP. The State may, at any time work is in progress, by written agreement, make alterations in the terms of work as shown in the specifications, require the Contractor to make corrections, decrease the quantity of work, or make such other changes as the State may find necessary or desirable. The Contractor shall not claim forfeiture of contract by reasons of such changes by the State. Changes in work and the amount of compensation to be paid to the Contractor shall be determined in accordance with applicable unit prices if any, or a pro-rated value. Corrections of any deliverable, service or performance of work required pursuant to the contract shall not be deemed a modification. Changes or additions to the contract beyond the scope of the RFP are not permitted. MM. SEVERABILITY Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (Initial) Alternative within RFP Response (Initial) If any term or condition of the contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and conditions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular provision held to be invalid. NN. CONFIDENTIALITY Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (Initial) Alternative within RFP Response (Initial) All materials and information provided by the State or acquired by the Contractor on behalf of the State shall be regarded as confidential information. All materials and information provided by the State or acquired by the Contractor on behalf of the State shall be handled in accordance with federal and state law, and ethical standards. The Contractor must ensure the confidentiality of such materials or information. Should said confidentiality be breached by a Contractor; Contractor shall notify the State immediately of said breach and take immediate corrective action. Page 26 SPB RFP Revised: 03/13/2015 It is incumbent upon the Contractor to inform its officers and employees of the penalties for improper disclosure imposed by the Privacy Act of 1974, 5 U.S.C. 552a. Specifically, 5 U.S.C. 552a (i)(1), which is made applicable to Contractors by 5 U.S.C. 552a (m)(1), provides that any officer or employee of a Contractor, who by virtue of his/her employment or official position has possession of or access to agency records which contain individually identifiable information, the disclosure of which is prohibited by the Privacy Act or regulations established thereunder, and who knowing that disclosure of the specific material is prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than $5,000. OO. PROPRIETARY INFORMATION Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (Initial) Alternative within RFP Response (Initial) Data contained in the proposal and all documentation provided therein, become the property of the State of Nebraska and the data becomes public information upon opening the proposal. If the bidder wishes to have any information withheld from the public, such information must fall within the definition of proprietary information contained within Nebraska’s public record statutes. All proprietary information the bidder wishes the State to withhold must be submitted in a sealed package, which is separate from the remainder of the proposal, and provide supporting documents showing why such documents should be marked proprietary. The separate package must be clearly marked PROPRIETARY on the outside of the package. Bidders may not mark their entire Request for Proposal as proprietary. Bidder’s Budget Proposals may not be marked as proprietary information. Failure of the bidder to follow the instructions for submitting proprietary and copyrighted information may result in the information being viewed by other bidders and the public. Proprietary information is defined as trade secrets, academic and scientific research work which is in progress and unpublished, and other information which if released would give advantage to business competitors and serve no public purpose (see Neb. Rev. Stat. §84-712.05(3)). In accordance with Attorney General Opinions 92068 and 97033, bidders submitting information as proprietary may be required to prove specific, named competitor(s) who would be advantaged by release of the information and the specific advantage the competitor(s) would receive. Although every effort will be made to withhold information that is properly submitted as proprietary and meets the State’s definition of proprietary information, the State is under no obligation to maintain the confidentiality of proprietary information and accepts no liability for the release of such information. IMPORTANT NOTICE: Pursuant to Neb. Rev. Stat. §84-602.02, all State contracts in effect as of January 1, 2014 will be posted to a public website beginning July 1, 2014. All information not specifically excluded by State Law WILL BE POSTED FOR PUBLIC VIEWING. Page 27 SPB RFP Revised: 03/13/2015 PP. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION/COLLUSIVE BIDDING Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (Initial) Alternative within RFP Response (Initial) By submission of this proposal, the bidder certifies that it is the party making the foregoing proposal and that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and further that the bidder has not, directly or indirectly, submitted the proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal. QQ. STATEMENT OF NON-COLLUSION Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (Initial) Alternative within RFP Response (Initial) The proposal shall be arrived at by the bidder independently and be submitted without collusion with, and without any direct or indirect agreement, understanding or planned common course of action with, any person; firm; corporation; bidder; Contractor of materials, supplies, equipment or services described in this RFP. Bidder shall not collude with, or attempt to collude with, any state officials, employees or agents; or evaluators or any person involved in this RFP. The bidder shall not take any action in the restraint of free competition or designed to limit independent bidding or to create an unfair advantage. Should it be determined that collusion occurred, the State reserves the right to reject a bid or terminate the contract and impose further administrative sanctions. Page 28 SPB RFP Revised: 03/13/2015 RR. PRICES Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (Initial) Alternative within RFP Response (Initial) All prices, costs, and terms and conditions outlined in the proposal shall remain fixed and valid commencing on the opening date of the proposal until an award is made (and for bidder receiving award, prices shall remain as bid for the duration of the contract unless otherwise so stated in the contract) or the Request for Proposal is cancelled. Contractor represents and warrants that all prices for services, now or subsequently specified, are as low as and no higher than prices which the Contractor has charged or intends to charge customers other than the State for the same or similar products and services of the same or equivalent quantity and quality for delivery or performance during the same periods of time. If, during the term of the contract, the Contractor shall reduce any and/or all prices charged to any customers other than the State for the same or similar products or services specified herein, the Contractor shall make an equal or equivalent reduction in corresponding prices for said specified products or services. Contractor also represents and warrants that all prices set forth in the contract and all prices in addition, which the Contractor may charge under the terms of the contract, do not and will not violate any existing federal, state, or municipal law or regulations concerning price discrimination and/or price fixing. Contractor agrees to hold the State harmless from any such violation. Prices quoted shall not be subject to increase throughout the contract period unless specifically allowed by these specifications. SS. BEST AND FINAL OFFER Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (Initial) Alternative within RFP Response (Initial) The State will compile the final scores for all parts of each proposal. The award may be granted to the highest scoring responsive and responsible bidder. Alternatively, the highest scoring bidder or bidders may be requested to submit best and final offers. If best and final offers are requested by the State and submitted by the bidder, they will be evaluated (using the stated criteria), scored, and ranked by the Evaluation Committee. The award will then be granted to the highest scoring bidder. However, a bidder should provide its best offer in its original proposal. Bidders should not expect that the State will request a best and final offer. Page 29 SPB RFP Revised: 03/13/2015 TT. ETHICS IN PUBLIC CONTRACTING Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (Initial) Alternative within RFP Response (Initial) No bidder shall pay or offer to pay, either directly or indirectly, any fee, commission compensation, gift, gratuity, or anything of value to any State officer, legislator, employee or evaluator based on the understanding that the receiving person’s vote, actions, or judgment will be influenced thereby. No bidder shall give any item of value to any employee of the State Purchasing Bureau or any evaluator. Bidders shall be prohibited from utilizing the services of lobbyists, attorneys, political activists, or consultants to secure the contract. It is the intent of this provision to assure that the prohibition of state contact during the procurement process is not subverted through the use of lobbyists, attorneys, political activists, or consultants. It is the intent of the State that the process of evaluation of proposals and award of the contract be completed without external influence. It is not the intent of this section to prohibit bidders from seeking professional advice, for example consulting legal counsel, regarding terms and conditions of this Request for Proposal or the format or content of their proposal. If the bidder is found to be in non-compliance with this section of the Request for Proposal, they may forfeit the contract if awarded to them or be disqualified from the selection process. UU. INDEMNIFICATION Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (Initial) Alternative within RFP Response (Initial) 1. GENERAL The Contractor agrees to defend, indemnify, hold, and save harmless the State and its employees, volunteers, agents, and its elected and appointed officials (“the indemnified parties”) from and against any and all claims, liens, demands, damages, liability, actions, causes of action, losses, judgments, costs, and expenses of every nature, including investigation costs and expenses, settlement costs, and attorney fees and expenses (“the claims”), sustained or asserted against the State, arising out of, resulting from, or attributable to the willful misconduct, negligence, error, or omission of the Contractor, its employees, Sub-Contractors, consultants, representatives, and agents, except to the extent such Contractor liability is attenuated by any action of the State which directly and proximately contributed to the claims. 2. INTELLECTUAL PROPERTY The Contractor agrees it will, at its sole cost and expense, defend, indemnify, and hold harmless the indemnified parties from and against any and all claims, to the extent such claims arise out of, result from, or are attributable to, the actual or alleged Page 30 SPB RFP Revised: 03/13/2015 infringement or misappropriation of any patent, copyright, trade secret, trademark, or confidential information of any third party by the Contractor or its employees, Sub- Contractors, consultants, representatives, and agents; provided, however, the State gives the Contractor prompt notice in writing of the claim. The Contractor may not settle any infringement claim that will affect the State’s use of the Licensed Software without the State’s prior written consent, which consent may be withheld for any reason. If a judgment or settlement is obtained or reasonably anticipated against the State’s use of any intellectual property for which the Contractor has indemnified the State, the Contractor shall, at the Contractor’s sole cost and expense, promptly modify the item or items which were determined to be infringing, acquire a license or licenses on the State’s behalf to provide the necessary rights to the State to eliminate the infringement, or provide the State with a non-infringing substitute that provides the State the same functionality. At the State’s election, the actual or anticipated judgment may be treated as a breach of warranty by the Contractor, and the State may receive the remedies provided under this RFP. 3. PERSONNEL The Contractor shall, at its expense, indemnify and hold harmless the indemnified parties from and against any claim with respect to withholding taxes, worker’s compensation, employee benefits, or any other claim, demand, liability, damage, or loss of any nature relating to any of the personnel provided by the Contractor. VV. NEBRASKA TECHNOLOGY ACCESS STANDARDS Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (Initial) Alternative within RFP Response (Initial) Contractor shall review the Nebraska Technology Access Standards, found at http://nitc.nebraska.gov/standards/2-201.html and ensure that products and/or services provided under the contract are in compliance or will comply with the applicable standards. In the event such standards change during the Contractor’s performance, the State may create an amendment to the contract to request the contract comply with the changed standard at a cost mutually acceptable to the parties. WW. ANTITRUST Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (Initial) Alternative within RFP Response (Initial) The Contractor hereby assigns to the State any and all claims for overcharges as to goods and/or services provided in connection with this contract resulting from antitrust violations which arise under antitrust laws of the United States and the antitrust laws of the State. Page 31 SPB RFP Revised: 03/13/2015 XX. DISASTER RECOVERY/BACK UP PLAN Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (Initial) Alternative within RFP Response (Initial) The Contractor shall have a disaster recovery and back-up plan, of which a copy should be provided to the State, which includes, but is not limited to equipment, personnel, facilities, and transportation, in order to continue services as specified under the specifications in the contract in the event of a disaster. YY. TIME IS OF THE ESSENCE Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (Initial) Alternative within RFP Response (Initial) Time is of the essence in this contract. The acceptance of late performance with or without objection or reservation by the State shall not waive any rights of the State nor constitute a waiver of the requirement of timely performance of any obligations on the part of the Contractor remaining to be performed. ZZ. RECYCLING Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (Initial) Alternative within RFP Response (Initial) Preference will be given to items which are manufactured or produced from recycled material or which can be readily reused or recycled after their normal use as per Neb. Rev. Stat. §81- 15,159. Page 32 SPB RFP Revised: 03/13/2015 AAA. DRUG POLICY Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (Initial) Alternative within RFP Response (Initial) Contractor certifies it maintains a drug free work place environment to ensure worker safety and workplace integrity. Contractor agrees to provide a copy of its drug free workplace policy at any time upon request by the State. BBB. EMPLOYEE WORK ELIGIBILITY STATUS Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (Initial) Alternative within RFP Response (Initial) The Contractor is required and hereby agrees to use a federal immigration verification system to determine the work eligibility status of employees physically performing services within the State of Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E-Verify Program, or an equivalent federal program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of an employee. If the Contractor is an individual or sole proprietorship, the following applies: 1. The Contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at http://das.nebraska.gov/materiel/purchasing.html The completed United States Attestation Form should be submitted with the Request for Proposal response. 2. If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the US Citizenship and Immigration Services documentation required to verify the Contractor’s lawful presence in the United States using the Systematic Alien Verification for Entitlements (SAVE) Program. 3. The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108. Page 33 SPB RFP Revised: 03/13/2015 CCC. CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND INELIGIBILITY Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (Initial) Alternative within RFP Response (Initial) The Contractor, by signature to this RFP, certifies that the Contractor is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any federal department or agency from participating in transactions (debarred). The Contractor also agrees to include the above requirements in any and all sub-contracts into which it enters. The Contractor shall immediately notify the Department if, during the term of this contract, Contractor becomes debarred. The Department may immediately terminate this contract by providing Contractor written notice if Contractor becomes debarred during the term of this contract. Contractor, by signature to this RFP, certifies that Contractor has not had a contract with the State of Nebraska terminated early by the State of Nebraska. If Contractor has had a contract terminated early by the State of Nebraska, Contractor must provide the contract number, along with an explanation of why the contract was terminated early. Prior early termination may be cause for rejecting the proposal. DDD. POLITICAL SUB-DIVISIONS Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (Initial) Alternative within RFP Response (Initial) The Contractor may extend the contract to political sub-divisions conditioned upon the honoring of the prices charged to the State. Terms and conditions of the Contract must be met by political sub-divisions. Under no circumstances shall the State be contractually obligated or liable for any purchases by political sub-divisions or other public entities not authorized by Neb. Rev. Stat. §81-145, listed as “all officers of the state, departments, bureaus, boards, commissions, councils, and institutions receiving legislative appropriations.” A listing of Nebraska political subdivisions may be found at the website of the Nebraska Auditor of Public Accounts. Page 34 SPB RFP Revised: 03/13/2015 EEE. OFFICE OF PUBLIC COUNSEL Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (Initial) Alternative within RFP Response (Initial) If it provides, under the terms of this contract and on behalf of the State of Nebraska, health and human services to individuals; service delivery; service coordination; or case management, Contractor shall submit to the jurisdiction of the Office of Public Counsel, pursuant to Neb. Rev. Stat. §§ 81-8,240 et seq. This section shall survive the termination of this contract and shall not apply if Contractor is a long-term care facility subject to the Long- Term Care Ombudsman Act, Neb. Rev. Stat. §§ 81-2237 et seq. FFF. LONG-TERM CARE OMBUDSMAN Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (Initial) Alternative within RFP Response (Initial) If it is a long-term care facility subject to the Long-Term Care Ombudsman Act, Neb. Rev. Stat. §§ 81-2237 et seq., Contractor shall comply with the Act. This section shall survive the termination of this contract. GGG. LICENSE/SERVICE OR OTHER AGREEMENTS Accept Reject Reject & Provide NOTES/COMMENTS: (Initial) (Initial) Alternative within RFP Response (Initial) Any License/Service or other such agreements which the bidder may want the State to consider must be submitted with the bid. Any License/Service or other such agreements submitted to the State post bid opening may result in the bid being rejected in its entirety. Any such agreement, if agreed to by the State, will be considered an addendum to the contract. Any terms and conditions contained in any such accepted agreement (addendum) must not conflict with or alter the State’s Terms and Conditions (Terms and Conditions) as contained in the RFP and finalized in the contract. In the event of any conflict between the Terms and Conditions and any addendum the Terms and Conditions will prevail. The State reserves the right to reject any submitted addendum and considers the submission of any such addendum to be a proposed alteration of the Terms and Conditions. This clause does not apply to any third party license or service agreements. Page 35 SPB RFP Revised: 03/13/2015 IV. PROJECT DESCRIPTION AND SCOPE OF WORK The bidder should provide the following information in response to this Request for Proposal. A. PROJECT OVERVIEW The Nebraska Organ and Tissue Donor Awareness and Education Fund was authorized under Neb. Rev. Stat. §60-495 and went into effect on January 1, 2000. The purpose of the Fund is to provide Nebraskans the opportunity to voluntarily donate $1.00 at the time they obtain or renew their driver’s license. The funds are used to educate all Nebraskans on the benefit of organ and tissue donations. Historically, approximately $80,000 has been available each fiscal year. Due to the fluidity of the monetary donations, the annual allocation amount has the potential to increase or decrease. B. SCOPE OF WORK DHHS is seeking a qualified Contractor to provide strategic marketing to effectively carry out a campaign to raise awareness about the benefits of organ and tissue donation. The campaign may include providing advertising, promotion, education and public relations in a variety of formats. The campaign may also encompass reaching out to television and radio stations, producing print and electronic advertising materials and utilizing websites and other online marketing opportunities. Materials should also be made available in languages other than English. Due to the fluid nature of this RFP and the resulting Contract, the percentage of time spent on the items delineated in the RFP may change, with greater emphasis being put on different areas at different times. 1. Provide a five (5) year plan outlining and recommending measurable strategies supported by solid research through the use of various media such as print, television, radio, internet, digital media, etc. Review and evaluate advertising opportunities and present to DHHS as needed and assigned. 2. CHANGE MANAGEMENT This RFP is for services that are fluid in nature. As such, there will be natural project dynamics built into the process as well as outside change management that will need to be addressed. (See Form C Project Rates) a. NATURAL PROJECT DYNAMICS Due to the dynamic nature of this RFP and the resulting Contract, the percentage of time spent on the items delineated in this RFP will be fluid, with greater emphasis being put on different areas at different times. This is considered a normal part of the services being contracted for and shall be included in the proposed fixed price. b. OUTSIDE CHANGE MANAGEMENT There may arise from time to time a need for work not originally delineated in this RFP but considered within the scope of work as it relates to technology. This additional work may stem from legislative mandates, emerging technologies, and/or secondary research not otherwise addressed in this RFP or known at the time this RFP was issued. Page 36 SPB RFP Revised: 03/13/2015 c. CHANGE MANAGEMENT PROCESS The Contractor may submit Change Orders which fall under outside change management as described above. DHHS reserves the right to modify the Change Order prior to acknowledging and accepting it in writing before any additional work is undertaken. Each Change Order Request submitted by the Contractor will: i. Provide a clear description of what is included in each change request. ii. Delineate impacts to the project’s scope or budget. iii. Support the Change Management Process by estimating impacts, investigating solutions, identifying alternatives, participating in the decision-making process, and implementing the agreed-upon solution. C. SUMMARY OF PROJECT 1. Bidders should provide a brief summary of the proposed campaign. The bidder should include a description of the overall goals and objectives, types of interventions to be implemented, who may complete the tasks and the specific time frame of when objectives will be completed. 2. The bidder should describe the effectiveness of activities and how the effectiveness will be measured. The bidder should include a summary of how the bidder will plan to monitor and evaluate this campaign. 3. The project summary should include a description of how information will be distributed in other languages. 4. List any other entities that may collaborate in the implementation of the campaign. D. CAMPAIGN REQUIREMENTS Bidders should respond to the following requirements as they pertain to organization(s) that will be responsible for implementing the proposed project. Responses should be complete and succinct. These requirements relate directly to the major program elements described in Section IV Project Description and Scope of Work. 1. Provide a detailed description of the planned campaign. 2. Describe organization’s capacity to implement the campaign, including present and past activities with the target population. 3. Describe the bidder’s quarterly reports which will be provided to DHHS. Quarterly reports will be due to DHHS no later than 30 days after the end of each quarter in which work is performed. The report will include a brief narrative summary of campaign activities developed or initiated during the quarter just completed. DHHS reserves the right to modify any quarterly reporting requirement. Quarterly narrative reports are due at the same time as the invoice. 4. List and describe new and additional campaign strategies. Page 37 SPB RFP Revised: 03/13/2015 V. PROPOSAL INSTRUCTIONS This section documents the mandatory requirements that must be met by bidders in preparing the Technical and Budget Proposal. Bidders should identify the subdivisions of “Project Description and Scope of Work” clearly in their proposals; failure to do so may result in disqualification. Failure to respond to a specific requirement may be the basis for elimination from consideration during the State’s comparative evaluation. Proposals are due by the date and time shown in the Schedule of Events. Content requirements for the Technical and Budget Proposal are presented separately in the following subdivisions; format and order: A. TECHNICAL PROPOSAL SUBMISSION The Technical Proposal shall consist of three (3) sections: 1. “State of Nebraska Request for Proposal For Contractual Services” form, signed in ink and section III. Terms and Conditions 2. Corporate Overview; and 3. Technical Approach. 1. REQUEST FOR PROPOSAL FORM By signing the “Request for Proposal for Contractual Services” form, the bidder guarantees compliance with the provisions stated in this Request for Proposal, agrees to the Terms and Conditions stated in this Request for Proposal unless otherwise agreed to, and certifies bidder maintains a drug free work place environment. The Request for Proposal for Contractual Services form must be signed in ink and returned by the stated date and time in order to be considered for an award. Further, Section III. Terms and Conditions must be returned with the proposal response. 2. CORPORATE OVERVIEW The Corporate Overview section of the Technical Proposal must consist of the following subdivisions: a. BIDDER IDENTIFICATION AND INFORMATION The bidder must provide the full company or corporate name, address of the company's headquarters, entity organization (corporation, partnership, proprietorship), state in which the bidder is incorporated or otherwise organized to do business, year in which the bidder first organized to do business and whether the name and form of organization has changed since first organized. b. FINANCIAL STATEMENTS The bidder must provide financial statements applicable to the firm. If publicly held, the bidder must provide a copy of the corporation's most recent audited financial reports and statements, and the name, address, and telephone number of the fiscally responsible representative of the bidder’s financial or banking organization. Page 38 SPB RFP Revised: 03/13/2015 If the bidder is not a publicly held corporation, either the reports and statements required of a publicly held corporation, or a description of the organization, including size, longevity, client base, areas of specialization and expertise, and any other pertinent information, must be submitted in such a manner that proposal evaluators may reasonably formulate a determination about the stability and financial strength of the organization. Additionally, a non-publicly held firm must provide a banking reference. The bidder must disclose any and all judgments, pending or expected litigation, or other real or potential financial reversals, which might materially affect the viability or stability of the organization, or state that no such condition is known to exist. The State may elect to use a third-party to conduct credit checks as part of the corporate overview evaluation. c. CHANGE OF OWNERSHIP If any change in ownership or control of the company is anticipated during the twelve (12) months following the proposal due date, the bidder must describe the circumstances of such change and indicate when the change will likely occur. Any change of ownership to an awarded vendor(s) will require notification to the State. d. OFFICE LOCATION The bidder’s office location responsible for performance pursuant to an award of a contract with the State of Nebraska must be identified. e. RELATIONSHIPS WITH THE STATE The bidder shall describe any dealings with the State over the previous five (5) years. If the organization, its predecessor, or any party named in the bidder’s proposal response has contracted with the State, the bidder shall identify the contract number(s) and/or any other information available to identify such contract(s). If no such contracts exist, so declare. f. BIDDER'S EMPLOYEE RELATIONS TO STATE If any party named in the bidder's proposal response is or was an employee of the State within the past six (6) months, identify the individual(s) by name, State agency with whom employed, job title or position held with the State, and separation date. If no such relationship exists or has existed, so declare. If any employee of any agency of the State of Nebraska is employed by the bidder or is a Sub-Contractor to the bidder, as of the due date for proposal submission, identify all such persons by name, position held with the bidder, and position held with the State (including job title and agency). Describe the responsibilities of such persons within the proposing organization. If, after review of this information by the State, it is determined that a conflict of interest exists or may exist, the bidder may be disqualified from further consideration in this proposal. If no such relationship exists, so declare. Page 39 SPB RFP Revised: 03/13/2015 g. CONTRACT PERFORMANCE If the bidder or any proposed Sub-Contractor has had a contract terminated for default during the past five (5) years, all such instances must be described as required below. Termination for default is defined as a notice to stop performance delivery due to the bidder's non-performance or poor performance, and the issue was either not litigated due to inaction on the part of the bidder or litigated and such litigation determined the bidder to be in default. It is mandatory that the bidder submit full details of all termination for default experienced during the past five (5) years, including the other party's name, address, and telephone number. The response to this section must present the bidder’s position on the matter. The State will evaluate the facts and will score the bidder’s proposal accordingly. If no such termination for default has been experienced by the bidder in the past five (5) years, so declare. If at any time during the past five (5) years, the bidder has had a contract terminated for convenience, non-performance, non-allocation of funds, or any other reason, describe fully all circumstances surrounding such termination, including the name and address of the other contracting party. h. SUMMARY OF BIDDER’S CORPORATE EXPERIENCE The bidder shall provide a summary matrix listing the bidder’s previous projects similar to this Request for Proposal in size, scope, and complexity. The State will use no more than three (3) narrative project descriptions submitted by the bidder during its evaluation of the proposal. The bidder must address the following: i. Provide narrative descriptions to highlight the similarities between the bidder’s experience and this Request for Proposal. These descriptions must include: a) The time period of the project; b) The scheduled and actual completion dates; c) The Contractor’s responsibilities; d) For reference purposes, a customer name (including the name of a contact person, a current telephone number, a facsimile number, and e-mail address); and e) Each project description shall identify whether the work was performed as the prime Contractor or as a Sub-Contractor. If a bidder performed as the prime Contractor, the description must provide the originally scheduled completion date and budget, as well as the actual (or currently planned) completion date and actual (or currently planned) budget. ii. Contractor and Sub-Contractor(s) experience must be listed separately. Narrative descriptions submitted for Sub-Contractors must be specifically identified as Sub-Contractor projects. Page 40 SPB RFP Revised: 03/13/2015 iii. If the work was performed as a Sub-Contractor, the narrative description shall identify the same information as requested for the Contractors above. In addition, Sub-Contractors shall identify what share of contract costs, project responsibilities, and time period were performed as a Sub- Contractor. i. SUMMARY OF BIDDER’S PROPOSED PERSONNEL/MANAGEMENT APPROACH The bidder must present a detailed description of its proposed approach to the management of the project. The bidder must identify the specific professionals who will work on the State’s project if their company is awarded the contract resulting from this Request for Proposal. The names and titles of the team proposed for assignment to the State project shall be identified in full, with a description of the team leadership, interface and support functions, and reporting relationships. The primary work assigned to each person should also be identified. The bidder shall provide resumes for all personnel proposed by the bidder to work on the project. The State will consider the resumes as a key indicator of the bidder’s understanding of the skill mixes required to carry out the requirements of the Request for Proposal in addition to assessing the experience of specific individuals. Resumes must not be longer than three (3) pages. Resumes shall include, at a minimum, academic background and degrees, professional certifications, understanding of the process, and at least three (3) references (name, address, and telephone number) who can attest to the competence and skill level of the individual. Any changes in proposed personnel shall only be implemented after written approval from the State. j. SUB-CONTRACTORS If the bidder intends to Sub-Contract any part of its performance hereunder, the bidder must provide: i. name, address, and telephone number of the Sub-Contractor(s); ii. specific tasks for each Sub-Contractor(s); iii. percentage of performance hours intended for each Sub-Contract; and iv. total percentage of Sub-Contractor(s) performance hours. 3. TECHNICAL APPROACH The technical approach section of the Technical Proposal must consist of the following subsections: a. Understanding of the project requirements; b. Proposed development approach; c. Technical considerations; d. Detailed project work plan; and e. Deliverables and due dates. Page 41 SPB RFP Revised: 03/13/2015 B. BUDGET PROPOSAL REQUIREMENTS This section describes the requirements to be addressed by bidders in preparing the Budget Proposal. The bidder must submit the Budget Proposal in a section of the proposal that is a separate section or is packaged separately as specified in this RFP from the Technical Proposal section. The component costs of the fixed price proposal for providing the services set forth in the Request for Proposal must be provided by submitting forms substantially equivalent to those described below. 1. PRICING SUMMARY This summary shall present the total fixed price to perform all of the requirements of the Request for Proposal. The bidder must include details in the Budget Proposal supporting any and all costs. These details must include, at a minimum, detailed descriptions and/or specifications of the goods and/or services to be provided, quantities, and timing and unit costs, if applicable. The State reserves the right to review all aspects of the Budget Proposal for reasonableness and to request clarification of any proposal where the cost component shows significant and unsupported deviation from industry standards or in areas where detailed pricing is required. 2. PRICES Prices quoted shall be net, including transportation and delivery charges fully prepaid by the bidder, F.O.B. destination named in the Request for Proposal. No additional charges will be allowed for packing, packages, or partial delivery costs. When an arithmetic error has been made in the extended total, the unit price will govern. 3. PROJECT RATES DHHS includes natural project dynamics as part of the responsibilities of the Contractor within the fixed price. DHHS requires the following pricing approach be used when addressing Change Management tasks and activities: a. DHHS requires the bidder to support projects to change the system in each year of operations. The annual Change Management pricing and budgets must be developed in the response to this RFP. b. The hourly rate is to be used only for time spent directly on DHHS-approved Change Order Requests. Invoices must clearly identify the change project, the staff involved, and the hourly rate established in the RFP response. C. PAYMENT SCHEDULE The payment schedule for the project is tied to specific dates and deliverables. Invoices may be submitted by the Contractor on specific dates based on the completion and acceptance of related deliverables. No invoice will be approved unless the associated deliverables have been approved. Page 42 SPB RFP Revised: 03/13/2015 Form A Bidder Contact Sheet Request for Proposal Number 4958Z1 Form A should be completed and submitted with each response to this Request for Proposal. This is intended to provide the State with information on the bidder’s name and address, and the specific person(s) who are responsible for preparation of the bidder’s response. Preparation of Response Contact Information Bidder Name: Bidder Address: Contact Person & Title: E-mail Address: Telephone Number (Office): Telephone Number (Cellular): Fax Number: Each bidder shall also designate a specific contact person who will be responsible for responding to the State if any clarifications of the bidder’s response should become necessary. This will also be the person who the State contacts to set up a presentation/demonstration, if required. Communication with the State Contact Information Bidder Name: Bidder Address: Contact Person & Title: E-mail Address: Telephone Number (Office): Telephone Number (Cellular): Fax Number: Page 43 SPB RFP Revised: 03/13/2015 Form B Budget Proposal Request for Proposal 4958Z1 Bidders should provide annual campaign plans based on an $80,000 per year budget. However, the annual budget amount may vary based on the donations received. It is expected that the awarded contractor will utilize the entire funded amount. Form B – Budget Proposal will be evaluated as part of the Technical Approach. The following is an outline for the basic elements toward which the available funding may be applied. The goal is to maximize the effectiveness of dollars and apply the most resources to the elements that will result in increasing awareness. Therefore, bidders shall apply the most resources toward Implementation/Placement. DHHS offers an example budget distribution as follows: Planning — 0-5%. Development/Production — 0-10%. Contractor may provide production services including, but not limited to, the creation and integration of appropriate taglines into existing creative materials, production of new creative materials, materials/special promotional items, etc. Implementation/Placement — 80-95%. Paid media including traditional advertising (e.g., television, radio, print, out-of-home, etc.), new media (digital, social media, websites, etc.) and public relations activities, etc. Evaluation — 2-5%. Evaluation is expected during the contract period. These activities may include analyzing media metrics, determining the effectiveness of proposed efforts, etc. The submitted budget proposal shall show the allocation of the budget according to the areas listed above and provide rationale for the proposed budget allocations. The percentage of time spent on the items delineated in the RFP will be fluid with greater emphasis being put on different areas at different times. Form C Project Rates Request for Proposal 4958Z1 Please see Change Management as identified in Section IV.B. of the RFP. These rates will only be used in the context of that section. This RFP is for services that are dynamic in nature. As such, there will be natural project dynamics built into the process as well as outside change management that will need to be addressed. There may arise from time to time a need for work not originally delineated in this RFP but considered within the scope of work as it relates to technology. This additional work may stem from legislative mandates, emerging technologies, and/or secondary research not otherwise addressed in this RFP or known at the time this RFP was issued. Price quoted shall be firm for one (1) year from date of an award. After the first year, pricing may not increase more than 3% over the previous year. Price increase requests may not occur more than once per year. Any request for an increase must be submitted in writing to the State Purchasing Bureau a minimum of 30 days prior to the proposed effective date of the increase, and must show cause and be accompanied by supporting documentation. Further documentation may be required by the State to authenticate the increase (such as invoices). Failure to supply any requested supporting documentation may be grounds to cancel the contract. The State further reserves the right to reject any proposed price increase, cancel the contract and re-bid if determined to be in the best interest of the State. The State will be given full proportionate benefit of any rate decrease for the term of the contract. No price increases are to be billed to DHHS without prior written approval by the State Purchasing Bureau. Job Title and/or Service Rate Unit of Measure (Hourly, unit, placement, etc.) Example: Project Management Example: Copywriting